Arockiya Arjun v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/05/2022 PRESENT The Hon`ble Mrs.Justice T.V.THAMILSELVI Arockiya Arjun ... Petitioner/Accused Rank Unknown Vs 1.The Inspector of Police, All Women Police Station, Lalkudi, Trichy District.

(Crime No.Unknown of 2022).

... Respondent/Complainant 2.KireetaMariyaPrakasam ... Respondent/Defacto Complainant For Petitioner : M/s.A.Joseph Jerry, Advocate.

For Respondent : Mr.M.Vaikkam Karunanithi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime no.Unknown of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 498(A) of IPC in Crime No.Not Known of 2022, seeks anticipatory bail.

2.The case of the prosecution is that the marriage between the petitioner and the second respondent took place on 02.12.2021. After marriage, the petitioner and his family members harassed the defacto complainant by demanding dowry. Hence, the complaint. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent persons and he has been falsely implicated in this case. He further submitted that within a short span of time, there was a dispute between them and that the petitioner is ready for re-union.

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4.The learned Government Advocate(Crl.side) appearing for the respondent police submitted that investigation is pending. 5.Considering the facts and circumstances of the case and the nature of allegation levelled against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner. 6.Accordingly, this criminal original petition is allowed and 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, Lalgudi, Trichy District, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that:

[a]the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity.

[b] the petitioner shall report before the respondent police as and when required for interrogation.

[c]the petitioner shall not tamper with the evidence or witness either during investigation or trial.

[d]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 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]. 7.Since this matter relates to matrimonial dispute, this Court directs the petitioner, second respondent and their family members to appear before the Mediation and Conciliation Centre attached to the Madurai Bench of Madras High Court Madurai. The Mediator shall conduct the Mediation between the parties for atleast five sittings and to resolve the dispute between the parties. If the petitioner fail to co-operate for mediation, the order now passed by this Court will stand vacated automatically.

sd/- 18/05/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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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, LALGUDI, TRICHY DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3 THE INSPECTOR OF POLICE LALKUDI, TRICHY DISTRICT.

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

COPY TO THE CO-ORDINATOR, MEDIATION & CONCILIATION CENTRE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. (SOFT COPY)

ORDER

IN CRL OP(MD) No.9197 of 2022 Date :18/05/2022 RS/VR/SAR.4 (23.05.2022) 3P-5C 3/3