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Madras High CourtCRL OP(MD)/8125/2020ordered

Shajin v. The Inspector Of Police

2020-10-06Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/10/2020 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN

1. Shajin

2. Chellammal ... Petitioners/Accused Rank Not Known Vs

1. State Rep.by The Inspector of Police, All Women Police Station, Marthandam, Kanyakumari District.

Crime No.Not Known of 2020..

2. Vincila ... Respondents/Complainants (R2 Suo Motu Impleaded as Per Order of this Court dated 21.08.2020 in CRL OP(MD).No.8125 of 2020) For Petitioners : M/s.S.Sivakumar, Advocate. For R1 : Mrs.M.Anandha Devi, Government Advocate (Crl.Side) For R2 : Mr.T.Nelson, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Cr.No.31 of 2020 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 for the offences punishable under Sections 498 (A), 406 IPC and Section 3(1), 4 of the Dowry Prohibition Act, 1961 in Crime No.31 of 2020 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the the first petitioner and the defacto complainant are husband and wife. The petitioners herein harassed the defacto complainant by demanding dowry. Hence, the complaint.

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3.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (criminal side) appearing for the first respondent and the learned counsel appearing for the second respondent.

4.The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. Hence, he seeks anticipatory bail. 5.The learned Government Advocate (criminal side), on instructions, submitted that due to family dispute, the present case was registered and that investigation is pending. 6.Considering the facts and circumstances of the case and considering the fact that it is purely a family dispute, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

7.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.2, Padmanabhapuram and on their executing 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 condition that, (a)the petitioners 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 first petitioner shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation the second petitioner shall report before the respondent police 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]; and;

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

sd/- 06/10/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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 JUDICIAL MAGISTRATE NO.2, PADMANABHAPURAM.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.

3. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, MARTHANDAM, KANYAKUMARI DISTRICT.

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

ORDER

IN CRL OP(MD) No.8125 of 2020 Date :06/10/2020 MS/PN/SAR-2/09.10.2020/3P.5C 3/3