Madras High CourtCRL OP(MD)/3913/2015ordered

Pandian v. The Inspector Of Police

2015-03-18Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Eighteenth day of March Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE P.N.PRAKASH CRL OP(MD) Nos.3913 & 3919 of 2015 1 PANDIAN 2 SATHIYIA 3 SANDIYA ... PETITIONERS / ACCUSED RANK NOT KNOWN IN CRL.3913/2015 4 MARUDHU 5 KANNAN 6 PANDIAMMAL ... PETITIONERS / ACCUSED RANK NOT KNOWN IN CRL.3919/2015 Vs THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, SATTUR, VIRUDHUNAGAR DISTRICT.

CR. NO. NOT KNOWN OF 2015. ... RESPONDENT / COMPLAINANT IN BOTH PETITIONS FOR PETITIONER : M/S.M.KARUNANITHI ADVOCATE CRL OP(MD) NO.3913 OF 2015 M/S.D.RAMESHKUMAR ADVOCATE CRL. OP(MD) NO.3919 OF 2015 FOR RESPONDENT : MR.A.P.BALASUBRAMANIAN GOVT. ADVOCATE ( CRL. SIDE) IN BOTH PETITIONS PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 406 & 498(A) of I.P.C and Section 4 of Dowry Prohibition Act in Crime No.Not Known of 2015 on the file of the respondent police, seeks anticipatory bail.

2. Heard the learned counsel for the petitioners and the learned Government Advocate(Crl. Side) for the State.

3. No regular case has been registered and only petition enquiry in C.S.R.No.70 of 2015 is pending before the respondent police. Hence, this Court had granted interim anticipatory bail to the petitioners in Crl.O.P (MD)Nos.3913 & 3919 of 2015 on 04.03.2015 for a period of two weeks with a direction to the petitioners to appear before the respondent police and returned the articles and jewelry to the defacto complainant. 4.Today when the matter was called, the respondent police is present. The learned Government Advocate(Crl. Side) on instructions from the respondent police submits that the petitioners have returned all the gold ornaments and articles to the defacto complainant.

5. Under such circumstances, this Court is of the view that this is a fit case to grant anticipatory bail to the petitioners. https://hcservices.ecourts.gov.in/hcservices/

6. 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, Sattur, on condition that the petitioners shall execute 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:

[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 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].

8. In the event of the respondent police registering a regular case, this anticipatory bail granted to the petitioners will enure to the benefit of the petitioners and he need not apply for fresh anticipatory bail.

sd/- 18/03/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE SATTUR 2 -DO- THRO THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR DISTRICT @ SRIVILLIPUTHUR 3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, SATTUR, VIRUDHUNAGAR DISTRICT.

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

+1CC to M/S.M.KARUNANITHI Advocate SR.No.13065 +1cc to M/S.D.RAMESHKUMAR Advocate in SR.No. 13064 Sm:23.03.2015:2P/7C: ORDER IN CRL OP(MD) No.3913 & 3919 of 2015 Date :18/03/2015 https://hcservices.ecourts.gov.in/hcservices/