Mari v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07.03.2023 PRESENT The Hon'ble Mr.Justice G.K.ILANTHIRAIYAN Mari ... Petitioner / Accused No.2 Vs.

1.The State represented by The Inspector of Police, All Women Police Station, Paramakudi, Ramanathapuram District.

(Crime No.19 of 2021.) ... 1st Respondent / Complainant 2.Priya ... 2nd Respondent (R2 is suo-motu impleaded as per order, dated 10.03.2022 in Crl.O.P (MD)No.2823 of 2022) For Petitioner : Mr.Mr.R.Anand, Advocate.

For R1 : Mr.R.M.Anbunithi Additional Public Prosecutor For R2 : Mr.B.Muruganandam PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.19 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, who is arrayed as A2, apprehending arrest at the hands of the respondent police for the offences punishable under sections 498(A), 294(b), 506(i) of IPC., and Section 4 of Dowry Prohibition Act, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the first accused is the husband of the defacto complainant. After marriage, the petitioner along with other accused persons have demanded dowry and also harassed the defacto complainant. Hence, the case has been registered.

1/3

3.Heard both sides and perused the materials available on record.

4.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

5. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Paramakudi, Ramanathapuram District, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two sureties, each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: (a)the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b)the petitioner shall report before the respondent police as and when required for interrogation;

(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioner shall not abscond either during investigation or trial;

(e)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;

(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 07/03/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

VSD 2/3

To 1.The Judicial Magistrate, Paramakudi, Ramanathapuram District.

2.Do through the Chief Judicial Magistrate, Ramanathapuram District.

3.The Inspector of Police, All Women Police Station, Paramakudi, Ramanathapuram District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1. CC to M/S.ANAND R Advocate SR.No.3596(I), dated 07/03/2023

ORDER

IN CRL OP(MD) No.2823 of 2022 Date :07/03/2023 ED/MMS/SAR-3 (16/03/2023) 3P 6C 3/3