Palaniyandi v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the First day of December Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.22719 of 2015 PALANIYANDI ... PETITIONER/ACCUSED NO.1 Vs STATE REP. BY ITS THE SUB INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, VADAMADURAI, DINDIGUL DISTRICT, CR NO.16 OF 2015. ... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S R.VENKATESAN ADVOCATE FOR RESPONDENT : MR.K.ANBARASAN, GOVERNMENT ADVOCATE ( CRL. SIDE) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused No.1 , in Crime No.16 of 2015 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 498(A), 323 and 506(i) I.P.C. and Section 4 of Dowry Prohibition Act and hence, seeks anticipatory bail.

2. The case of the prosecution is that the marriage between the petitioner and the defacto complainant was solemnized and after the marriage, the petitioner and others demanded dowry from the defacto complainant and harassed the petitioner. On her complaint, a case has been registered.

3. The case of the petitioner is that the petitioner is working as a Teacher in a Private School at Natham. He is innocent and he has been falsely implicated in this case.

4. The learned Government Advocate(Crl.Side) submitted that the investigation is going on and the co-accused has already been enlarged on anticipatory bail before the Sessions Court.

5. The petitioner has already filed a petition in Crl.O.P.(MD) No.13195 of 2015 seeking anticipatory bail. This Court, by order dated 06.08.2015, granted anticipatory bail to the petitioner on following conditions:

"5.Considering the submissions made by the learned Government

Advocate (Crl.Side), this Court is inclined to grant anticipatory bail to the petitioner with certain conditions; 6.Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance before the learned Judicial Magistrate No.III, Dindigul, Dindigul District, and on executing 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 learned Judicial Magistrate concerned and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m. for a period of two weeks and thereafter as and when required. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7.The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed."

6. As per the conditions imposed by this Court, the petitioner did not execute the sureties within the time stipulated by this Court. The petitioner filed a petition in M.P.(MD)No.1 of 2015 in Crl.O.P.(MD)No.13195 of 2015 seeking extension of time. This Court dismissed the petition in M.P.(MD)No.1 of 2015 on the ground that the petitioner has not filed petition within the stipulated time. Now the petitioner has not come out with the present petition seeking for anticipatory bail.

7. Considering the facts and circumstances of the case and considering the fact that already the petitioner was granted anticipatory bail by this Court by order dated 06.08.2015, I am inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Vedasandur, and on his executing 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 learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police daily at 10.00a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

8.The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 01/12/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE , VEDASANDUR, DINDIGUL DISTRICT.

2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.

3. THE SUB INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, VADAMADURAI, DINDIGUL DISTRICT,

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S R.VENKATESAN Advocate SR.No. 68625

ORDER

IN CRL OP(MD) No.22719 of 2015 Date :01/12/2015 3P/6C TE/AAL-MPA/SAR-I/ : 03/12/2015