Tamilselvan @ Joyson Benny v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/04/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN R.S.Tamilselvan @ Joyson Benny, ... Petitioner/Accused No.1 Vs State Rep.by The Sub Inspector of Police, All Women Police Station Nilakkottai, Dindigul.
(Crime No.3/2023).
... Respondent/Complainant For Petitioner : Mr.P.R.Prithiviraj, 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.3/2023 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner/A1 who apprehends arrest at the hands of the respondent police for the offences punishable under sections 498(A), 294(b), 506(i) of I.P.C., and section 4 of TNPWH Act in Crime No.3 of 2023 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the marriage between the petitioner and the defacto complainant was solemnized on 29.08.2022 and after their marriage they lived happily at Madurai and under the said circumstances on 25.11.2022 the parents and brother of the petitioner came to their house and threatened the defacto complainant saying that she is not fit to the petitioner and they scolded her using filthy language and thrown her away from the house of the petitioner, hence the case.
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3. Heard both sides and perused the materials available on record including the First Information Report.
4. Taking into consideration of the facts that it is a case of matrimonial dispute between the parties, this court is inclined to grant anticipatory bail to the petitioner, with certain conditions:
5. Accordingly, 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 on which the order copy made ready, before the learned Judicial Magistrate, Nilakottai on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) 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 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 Aadhar card or Bank Pass Book to ensure their identity.
[b] the petitioner 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.
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioner 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 24/04/2023 / TRUE COPY / /04/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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AAV TO 1 THE JUDICIAL MAGISTRATE, NILAKOTTAI.
2 DO THROUGH:
THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.
THE SUB INSPECTOR OF POLICE ALL WOMEN POLICE STATION NILAKKOTTAI, DINDIGUL.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to P.R.PRITHIVIRAJ Advocate SR.No.23241(F)
ORDER
IN CRL OP(MD) No.7586 of 2023 Date :24/04/2023 PKP/BUC/SAR-1/27.04.2023/ 3P/6C 3/3