Selvi v. Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/03/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.3962 of 2023
1. Selvi
2. Sathya@sakthirani
3. Sasiprabha ... Petitioners/Accused No.2, 3 and 4 Vs The State represented by Inspector of Police, All Women Police Station, Bodi,Theni District.
Crime No.4 of 2023..
... Respondent/Complainant For Petitioner : Mr.K.Prakash, Advocate.
For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor For Intervenor : M/s.N.JULIET LATHA, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.04 of 2023 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioners/A2,3 and 4 who apprehend arrest at the hands of the respondent police for the offences punishable under sections 498 (A),294(b),323,324 and 506(ii) of I.P.C., in Crime No.4 of 2023 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the marriage between the first accused and the defacto complainant was solemnized on 29.06.2015 and out of the wedlock they were blessed with a male child. At the time of marriage the parents of the defacto
complainant had given 20 sovereigns of gold jewels, Rs.8,00,000/- cash and house hold articles. Thereafter the first accused and his family members demanded more dowry and harassed her and also abused her in filthy language, hence the case.
3. Heard both sides and perused the materials available on record including the First Information Report.
4. Taking into consideration of the facts that it is a case of matrimonial dispute between the parties and the fact that the petitioners herein are in-laws, this court is inclined to grant anticipatory bail to the petitioners , with certain 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 on which the order copy made ready, before the learned Judicial Magistrate, Bodi, Theni District on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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, failing which, the petition for anticipatory bail shall stand dismissed 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 petitioners shall report before the respondent as and when required for interrogation.
[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioners 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 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 09/03/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE BODI, THENI DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.
3 INSPECTOR OF POLICE ALL WOMEN POLICE STATION, BODI, THENI DISTRICT.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to K.PRAKASH Advocate SR.No.3756
ORDER
IN CRL OP(MD) No.3962 of 2023 Date :09/03/2023 SS/BUC/SAR III/16/03/2023/3P/6C