P.Yuva Raja v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/04/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN 1.P.Yuva Raja 2.P.Vijayakumari 3.Poomani 4.P.Yuva Raj 5.P.Chinnadurai 6.Babila 7.Bill Glindon ... Petitioners/Accused 1 to 6 & 8 Vs The State through The Inspector of Police, All Women Police Station, Valliyoor, Tirunelveli District.
(Crime No.6 of 2023) ... Respondent/Complainant For Petitioners : Mr.R.Aravindraj, Advocate For Respondent : Mr.R.M.Anbunithi Additional Public Prosecutor PETITION FOR Anticipatory BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.6 of 2023 on the file of the respondent police ORDER : The Court made the following order :- The petitioners/A1 to A6 & A8, who apprehend arrest at the hands of the respondent police for the offences punishable under sections 498(A) and 406 of IPC and Sections 4 and 6 of Dowry Prohibition Act, 1961, in Crime No.6 of 2023 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the marriage between the defacto complainant and the first petitioner was solemnized on 24.02.2020. At the time of marriage, the defacto complainant presented 16 sovereign of gold jewels and Rs.1,50,000/- cash. Further, after marriage, they live in joint family and thereby, the petitioners alleged to have demanded more dowry. Out of the wedlock, the first petitioner and defacto complainant are blessed with female child on 05.12.2020. Since the new born is female child, the petitioners alleged to have abandoned the child and the 1/3
same was questioned by the mother of defacto complainant, the petitioners together demanded more dowry. Hence, the present case.
3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case.
4. Heard both side and perused the materials available on record including the First Information Report.
5. Taking into consideration of the facts and circumstances of the case, the custodial interrogation of the petitioners does not require. Therefore, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions:
6. Accordingly, 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 on which the order copy made ready, before the learned Judicial Magistrate, Radhapuram, Tirunelveli District, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed 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 alone shall report before the respondent Police daily at 10.30 am., for a period of two weeks and thereafter, as and when required for interrogation. The petitioners 2 to 7 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]. 2/3
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 21/04/2023 / TRUE COPY / /05/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
RMK TO 1 THE JUDICIAL MAGISTRATE, RADHAPURAM, TIRUNELVELI DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.
3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, VALLIYOOR, TIRUNELVELI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.R.ARAVINDRAJ Advocate SR.No.6329
ORDER
IN CRL OP(MD) No.7481 of 2023 Date :21/04/2023 SA/SSS/SAR.2/04.05.2023/3P/6C 3/3