Madras High CourtCRL OP(MD)/5457/2024granted

Singaiyan v. The Inspector Of Police

2024-04-10Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/04/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI

1. Singaiyan

2. Rani

3. Maheshkumar ... Petitioners/Accused 2 to 4 Vs The Inspector of Police, All Women Police Station - Cantonment, Trichy District.

Crime No.6 of 2024.

... Respondent/Complainant For Petitioners :

M/s.S.Kanagarajan, Advocate.

For Respondent :

Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.6 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners, apprehending arrest at the hands of the respondent police in connection with Crime No.6 of 2024 for the offence under Sections 498(A) and 406 of IPC and Section 4 of Dowry Prohibition Act, 1961, have filed this petition. 1/4

2.The case of the prosecution is that the marriage between the first accused and the defacto complainant was solemnized on 11.02.2022 at Ajantha Marriage Hall, Trichy. The defacto complainant's father and mother are predeceased and she was taken care of by her elder sister. The marriage was performed with the help of the elder sister of the defacto complainant and at the time of marriage, 28 sovereigns of gold jewels and household articles were given as sridhana to the first accused. It is further alleged that the petitioners repeatedly harassed the defacto complainant by demanding bike. Hence, the case.

3.The learned counsel for the petitioners submits that the petitioners 1 and 2 are the parents of the first accused and the third petitioner is the brother of the first accused. He further submits that the earlier application filed by the petitioners along with A1 was dismissed based on the report of the Social Welfare Officer. The first petitioner is aged about 71 years and the second petitioner is aged about 62 years and according to them they are living separately. 4.The learned Additional Public Prosecutor appearing for the respondent police opposes for grant of anticipatory bail. This is the second application for anticipatory bail and the earlier application filed by the petitioners along with A1 was dismissed by this Court on 18.03.2024 and the investigation is yet to be completed. 5.Considering the nature of allegations and the fact that the petitioners are the 2/4

in-laws of the defacto complainant, this Court is inclined to grant anticipatory bail to the petitioners.

6.Accordingly, this Criminal Original Petition is allowed and 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, Additional Mahila Court, Trichy District, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Additional Mahila Court, Trichy District, and on further conditions that:

(i)The petitioners and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the government in proof of their residence address; (ii)The petitioners shall appear before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required. They have to cooperate for the investigation. (iii) The petitioners shall not misuse the liberty granted to them by indulging in any further offence and shall not tamper with the prosecution witnesses. (iv)On violation of any of the above conditions by the petitioners, the respondent police shall move an application for cancellation of the anticipatory bail. 3/4

7.The respondent police shall find out the possibility of an amicable settlement between the defacto complainant and the accused. sd/- 10/04/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO 1 THE JUDICIAL MAGISTRATE, ADDITIONAL MAHILA COURT, TRICHY DISTRICT.

2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT. 3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION - CANTONMENT, TRICHY DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.S.KANAGARAJAN, Advocate ( SR-4313[I] dated 10/04/2024 ) ORDER IN CRL OP(MD) No.5457 of 2024 Date :10/04/2024 RS/JGB/SAR-(16.04.2024) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4