Shino @ Iruthaya Anto Shino v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifth day of December Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.21498 of 2018 SHINO @ IRUTHAYA ANTO SHINO ... PETITIONER / A1 Vs THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THOOTHUKUDI, THOOTHUKUDI DISTRICT, IN CRIME NO. 14 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioner : MR.A.K.MANICKAM Advocate For Respondent : MR.M.ASOKAN, Government Advocate(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Section 498-A, 406 of IPC and Section 4 of Dowry Prohibition Act, in Crime No.14 of 2018 seeks anticipatory bail.

2.The case of the prosecution is that the petitioner is the husband of the defacto complainant. The marriage between them was solemnized on 13.01.2017. The petitioner lived with his wife only for two months and left for his job. The petitioner is working in ship. He is in sea for six months and in land for six months. The petitioner's job is not liked by the defacto complainant and she asked the petitioner to resign his job, which was not accepted by the petitioner. The defacto complainant had left the matrimonial house during July, 2018 and hence this case came to be registered on 01.10.2018.

3.The learned counsel for the petitioner submitted that A2 and A3 are the parents of the petitioner and they were granted anticipatory bail by this Court in Crl.O.P.(MD)Nos.18517 of 2018 by

order dted 23.10.2018.

4.Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.III, Thoothukudi, on condition that the petitioner 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 learned Magistrate concerned and on further condition that:

[a] if the petitioner fails to surrender before the concerned Magistrate within a period of fifteen days, this order shall stand automatically cancelled without any reference to the Court. [b] the petitioner shall report before the respondent police as and when required for interrogation.

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

[d] the petitioner 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 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 05/12/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.III THOOTHUKUDI

2. DO THRO' THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT

3. THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THOOTHUKUDI, THOOTHUKUDI DISTRICT

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

+1. CC to MR.A.K.MANICKAM Advocate SR.No.22712

ORDER

IN CRL OP(MD) No.21498 of 2018 Date :05/12/2018 PNN MK/PN/AC/SAR 2/11.12.2018/3P/6C