Ganesan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26.06.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI
1. Ganesan
2. Murugesan
3. Murugeshwari
4. Thiruvasakam
5. Nageswari ... Petitioners/Accued Nos. 1 to 5
Versus
State through the Inspector of Police, All Women Police Station, Kodaikanal,Dindigul District.
(Crime No. 04/2024) ... Respondent/Complainant For Petitioners : M/s.P.Krishnaveni, Advocate For Respondent : Mr.P.Kottaichamy Government Advocate (Crl. side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.4 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 1/4
connection with a case in Crime No.4 of 2024, for the offence under Sections 498(A), 294(b), 406, 323 and 506(1) IPC and Section 4 of TNPHW Act, 2002 r/w. Section 109 IPC, have filed this petition seeking anticipatory bail.
2. The first petitioner is the husband of the defacto complainant. The petitioners 2 to 5 are in-laws. The case of the prosecution is that the marriage between the first petitioner and the defacto complainant was solemnized in the month of February 2024. The allegation levelled against the petitioners is that they harassed the defacto complainant by demanding more dowry and also threatened her with dire consequence.
3. Considering the fact that it is a matrimonial dispute, this Court, by order dated 26.04.2024, referred the matter to the Mediation Centre attached to this Bench. The Mediation Centre has also filed a report dated 03.06.2024 before this Court that no agreement was reached between the parties.
4. The learned counsel appearing for the petitioners submits that the defacto complainant has not appeared before the Mediation Centre. Therefore, the matter could not be settled.
5. Considering the nature of offence and the relationship between the parties and also considering that it is a matrimonial dispute, this Court is inclined to grant anticipatory bail to the petitioners.
2/4
6. Accordingly, this Criminal Original Petition is ordered 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 on condition that (i) the petitioners 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 No.II, Kodaikanal, Dindigul District. (ii) 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.
(iii) The first petitioner shall appear before the respondent Police daily at 10.30 a.m. until further orders. The petitioners 2 to 5 shall appear before the respondent Police as and when required for interrogation. They have to co-operate for the investigation.
(iv) The petitioners shall not misuse the liberty granted to them by indulging in any further offence and shall not tamper with the prosecution witnesses. 3/4
(v) On violation of any of the above conditions by the petitioners, the respondent police shall move an application for cancellation of the anticipatory bail. sd/- 26/06/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
OGY TO THE JUDICIAL MAGISTRATE NO.II KODAIKANAL, DINDIGUL DISTRICT.
DO THROUGH:
THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT. THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KODAIKANAL, DINDIGUL DISTRICT.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.5610 of 2024 Date :26/06/2024 PKP/GS/SAR /09.07.2024/ 4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4