Vangara Kalyan Sitaramaiah v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction) Date : 05.10.2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI
1. VANGARA KALYAN SITARAMAIAH
2. VANGAR KIRAN @ VANGARA KIRAN KUMAR
3. DIVYA @ VANGARA DIVYA
4. SATHIYANARAYANAN @ VANGARA SATYANARAYANA
5. KOTEESHWARIYAMMAL @ VANGARAKOTESWARAMMA ... 1 TO 5 PETITIONERS/ACCUSED NO.1 TO 5 Vs THE STATE REP. BY, THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, DINDIGUL TOWN, DINDIGUL DISTRICT.
(CRIME.NO.08/2021) ... RESPONDENT / COMPLAINANT For Petitioners : Mr.S.Sarvagan Prabhu, Advocate. For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl.Side) For Intervenor : Mr.Jerin Mathew, Advocate.
PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail in Crime No.8 of 2021 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 offence under Sections 294(b), 323, 498(A) and 506 (i) IPC and Section 4 of Dowry Prohibition Act in Crime No.08 of 2021, seek anticipatory bail.
2.The prosecution case is that the first petitioner harassed his wife / defacto complainant and demanded dowry, at the instigation of the other petitioners and threatened her. Hence, the complaint.
3.Considering the nature of allegation, ie., it is matrimonial dispute, this Court by order dated 06.08.2021 referred this matter to the Mediation Centre and appointed Advocate Mr.J.John, as Mediator.
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4.Today, when the matter is taken for hearing it is reported by the learned Mediator that the parties have arrived at a compromise on certain terms and a report is also filed to that effect indicating the terms of compromise. The said report is placed on record.
5.In view of the aforesaid development, this Court is inclined to grant anticipatory bail to the petitioners. Accordingly, this 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 Judge, Additional Mahila Court, Dindigul, 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 Judge 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 Judge 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 for interrogation;
[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 Judge/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 have been released on bail by the learned Judge/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;
[f] if the accused / petitioners thereafter abscond, a fresh FIR can be registered under Section 229-A IPC. sd/- 05/10/2021 / TRUE COPY / / /2021 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 JUDGE, ADDITIONAL MAHILA COURT, DINDIGUL.
2 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, DINDIGUL TOWN, DINDIGUL DISTRICT.
3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.8988 of 2021 Date :05/10/2021 MK/JM/SAR.III/25.10.2021/3P/4C 3/3