Edward v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Eighth day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI EDWARD ... PETITIONER/ ACCUSED NO.1 Vs THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION FORT, TRICHY CITY.
CRIME NO 03/2023 ... RESPONDENT For Petitioner : MR. MAHENDRARAJAN B. Advocate For Respondent : MR.P.KOTTAICHAMY, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER: FOR ANTICIPATORY BAIL IN CRIME NO. 03 OF 2023 ON THE FILE OF THE RESPONDENT POLICE.
ORDER : The Court Made the following order :- The petitioner / Accused No.1, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 498(A) IPC in Crime No.03 of 2023, on the file of the respondent Police, seeks anticipatory bail. 1/4
2. The case of the prosecution is that due to matrimonial dispute arose between the petitioner and the defacto complainant, tehe petitioner herein demanded more dowry from the defacto complainant. Hence, the complaint.
3. The learned counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case.
4. The learned Government Advocate (Crl.Side) appearing for the respondent Police would submit that the investigation is going on.
5. Considering the facts and circumstances of the case and no serious allegation against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner.
6. 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 cum Additional Mahila Court, Trichy, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten thousand Only), with two sureties, each for a like sum to the 2/4
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) if the petitioner failed to surrender before the concerned Magistrate within a period of 15 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;
(b)the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
(c)the petitioner shall report the respondent Police for a period of two weeks at 10.30 A.M., and thereafter, as and when required for interrogation; (d)the petitioner shall not tamper with evidence or witness either during investigation or trial;
(e)the petitioner shall not abscond either during investigation or trial; (f)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]; and; 3/4
(g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 28/03/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar (CS -I/ II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
TSG TO
1. THE JUDICIAL MAGISTRATE CUM ADDITIONAL MAHILA COURT, TRICHY, 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY. 3.THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION FORT, TRICHY CITY. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER IN Date :28/03/2024 RK/GS (05/04/2024) 4P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4