G.Arun Babu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/10/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI

1. G.Arun Babu,

2. Govindasamy,

3. G.Rani, ... 1 to 3 Petitioners/Accused No. 1 to 3 Vs State Rep by, The Inspector of Police, All Women Police Station, Thilagar Thidal, Madurai City, Madurai District.

Cr. No. 05 of 2021.

... Respondent/Complainant For Petitioner : MR.S.Saravagan Prabhu, Advocate.

For Respondent : MR.T.SENTHIL KUMAR, Additional Public Prosecutor, For Intervenor : Mr.K.Jayabalan, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.05 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 498A, 406 and 506(i) of IPC, 1961 in Crime No.05 of 2021, seek anticipatory bail.

2.The case of the prosecution is that the marriage between the first petitioner and the defacto complainant took place on 04.03.2018. After few months of the marriage, the petitioners demanded dowry and harassed her. Hence, the complaint. 1/3

3.The learned counsel for the petitioners submitted that the petitioners are innocents and they have been falsely implicated in this case.

4.Heard the learned Government Advocate (Criminal Side) appearing for the respondent Police.

5. This Court, by order dated 13.09.2021, referred the matter to the Mediation for settling the issues. Before the Mediation, the parties have arrived at a settlement and the first petitioner has also handed over 74 sovereigns of jewels to the defacto complainant in the presence of the Mediator. Though it was disputed by the learned counsel appearing for the defacto complainant, the defacto complainant has accepted 74 sovereigns of jewels given by the first petitioner.

6.Considering the facts and circumstances of the case, the nature of allegations levelled against the petitioners and also the fact that it is a matrimonial dispute, this Court is inclined to grant anticipatory bail to the petitioners.

7. Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Additional Mahila (Magistrate Level), Madurai, Madurai District, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that: (a)the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity;

(b)the petitioners shall report before the respondent police as and when required;

(c)the petitioners shall not tamper with the 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 2/3

Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;

(f)if the accused/ petitioners thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 01/10/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

ssb Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE ADDITIONAL MAHILA COURT, (MAGISTRATE LEVEL), MADURAI, MADURAI DISTRICT.

2 DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THILAGAR THIDAL, MADURAI CITY, MADURAI DISTRICT.

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

+1.CCto MR.S.SARAVAGAN PRABHU,AdvocateSR.No.6860(I)dated 04/10/2021

ORDER

IN CRL OP(MD) No.6680 of 2021 Date :01/10/2021 PKP/JM/SAR-3/06.10.2021/2P/6C 3/3