Prabu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eighth day of January Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE P.N.PRAKASH CRL OP(MD) No.22766 of 2014

1. PRABU

2. LAKSHMI ... PETITIONERS/ACCUSED NO.1 & 3 Vs THE INSPECTOR OF POLICE DINDIGUL TALUK POLICE STATION, DINDIGUL, CRIME NO.499/2014 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.K.MANIKANDAN Advocate For Respondent : MR.A.P.BALASUBRAMANIAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police in Crime No.499 of 2014, on the file of the respondent police for offences under Sections 498(A) of the Indian Penal Code and Section 4 of Dowry Prohibition Act, which were subsequently altered into Sections 174 Cr.P.C. and 304(B) IPC, the petitioners are now before this Court seeking Anticipatory Bail.

2. It is the case of the prosecution that the first petitioner has got married to the deceased on 31.08.2013 and it is alleged that she had been subjected to cruelty and demanded dowry from her. On 01.09.2014, the deceased committed suicide by self-immolation in her parental home. The investigation is at a very preliminary stage.

3. There are serious allegation against the first petitioner and hence, I am not inclined to grant anticipatory bail to the first petitioner and the petition is dismissed as far as the first petitioner is concerned.

4. It is seen that the father of the first petitioner and the husband of the 2nd petitioner has been arrested and this Court granted bail vide Crl.O.P.(MD) No.21347 of 2014 on 27.11.2014. Since the 2nd petitioner is a lady and the allegations are not very serious, I am inclined to grant anticipatory bail to her, but with conditions.

4. Accordingly, the 2nd petitioner is ordered to be released on bail, in the event of arrest or on her appearance before the learned Judicial Magistrate, No.I, Dindigul, on executing a separate 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 the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that, https://hcservices.ecourts.gov.in/hcservices/

(a) the 2nd petitioner shall report before the respondent police as and when required for interrogation.

[b] the 2nd petitioner shall not tamper with evidence or witness either during investigation or trial.

[c] the 2nd petitioner shall not abscond either during investigation or trial.

[d] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the 2nd petitioner in accordance with law as if the conditions have been imposed and the 2nd 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]. sd/- 08/01/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.I DINDIGUL.

2.

-DO- THRO THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL.

3. THE INSPECTOR OF POLICE DINDIGUL TALUK POLICE STATION, DINDIGUL.

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

+1. CC to M/S.K.MANIKANDAN Advocate SR.No. 1468 SR : 13.01.2015 : 2P/6C

ORDER

IN CRL OP(MD) No.22766 of 2014 Date :08/01/2015 https://hcservices.ecourts.gov.in/hcservices/