Madras High CourtCRL OP(MD)/23596/2014ordered

V.Raguprasath v. The Deputy Superintendent Of

2015-02-03Honourable Mr Justice P. N. Prakash3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Third day of February Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.23596 of 2014 1 V.RAGUPRASATH 2 M.VELUCHAMY 3 V.JAMUNARANI 4 V.VIMALKUMAR ... PETITIONERS/ACCUSED no. 1 to 4 Vs 1 THE DEPUTY SUPERINTENDENT OF POLICE, ODDANCHATHIRAM, DINDIGUL DIST 2 STATE REP BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, ODDANCHATHIRAM, DINDIGUL DIST, CR.NO.20 OF 2014 ... RESPONDENTS/COMPLAINANTS For Petitioner : M/S.V.NAGENDRAN Advocate For Respondent : MR.A.P.BALASUBRAMANI Govt. Advocate ( Crl. Side) For Intervenor : MR. D.VENKATESH Advocate 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.20 of 2014, on the file of the respondent police for offences under Sections 498(A), 294(b), 406 and 506(i) of the Indian Penal Code r/w Sections 3 & 4 of Dowry Prohibition Act, the petitioners are now before this Court seeking Anticipatory Bail.

2. On 30.01.2015, this Court passed the following order: "Heard the learned counsel for the petitioner and the learned counsel for the intervenor.

The learned counsel for the de-facto complainant submits that the petitioners are in possession of a Dzire Car, its RC Book, the educational certificates of the defacto complainant and jewellery and other articles. the learned counsel for the petitioners submits that the petitioners are always ready and willing to hand over the articles to the de-facto complainant. If that is so, the first petitioner/husband/A1 and the de-facto complainant are directed to appear before the respondent police during Saturday and Sunday and in the presence of the respondent police, the articles should be handed over

to the de-facto complainant and the respective counsels are also requested to accompany the parties for bringing amicable resolution of the dispute.

Adjourned by 02.02.2015."

3. Today both the petitioners and the defacto complainant submits that in compliance with the orders of this Court, all the articles were exchanged between them. In this regard, memo signed by the parties and counter signed by the Inspector of Police is also filed. Memo is made part and parcel of the order.

4. Under such circumstances, this Court is inclined to grant anticipatory bail to the petitioners, but with conditions.

5. Accordingly, the petitioners are ordered to be released on bail, in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Oddanchathiram, on executing a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with one surety 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, (a) the petitioners shall report before the respondent police as and when required for interrogation.

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

[c] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]. [e] The Inspector of Police concerned, is directed to send compliance report to the office of the learned Government Advocate (Crl. Side), whether these petitioners are complying with the order or not.

sd/- 03/02/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, ODDANCHATHIRAM 2 THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL 3 THE DEPUTY SUPERINTENDENT OF POLICE, ODDANCHATHIRAM, DINDIGUL DIST 4 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, ODDANCHATHIRAM, DINDIGUL DIST 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.

+1cc to Mr.V.NAGENDRAN, Advocate Sr.No.

+1. CC to M/S.D.VENKATESH Advocate SR.No.5011

ORDER

IN CRL OP(MD) No.23596 of 2014 Date :03/02/2015 AA/13.02.2015/3p- 7c/