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Madras High CourtCRL OP(MD)/6769/2024ordered

R Rajaselvan v. The Inspector Of Police

2024-07-01Honourable Mr Justice A.A.Nakkiran6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/07/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN

1. R Rajaselvan

2. R Raja Prahash,

3. Ranjani Devi,

4. Rajaselvi,

5. Rajalingam,

6. Sarathambal Rani, ... Petitioners/Accused Nos.1 to 6 Vs The Inspector of Police, All Women Police Station, Kodaikkanal, Dindigul District.

(Crime No. 7 of 2024).

... Respondent/Complainant P.S.Jayashree ...Intervening Petitioner/ Defacto- Complainant For Petitioners : Anand R., Advocate.

For 1st Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor For Intervener : Ms. G. Shabana, Advocate 1/6

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.7/2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners/accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 498(A), 294(b), 323, 406 and 506(i) IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, in Cr.No.7 of 2024, seek anticipatory bail.

2.The case of the prosecution is that the petitioners herein have demanded additional dowry from the defacto complainant and also harassed her both mentally and cruelly. Hence the complaint.

3.The learned counsel for the petitioners would submit that the petitioners are innocent and they have not committed any offence as alleged by the prosecution and their names have been falsely implicated in this case. 2/6

4.The learned Additional Public Prosecutor would submit that it is a matrimonial dispute between first petitioner / A1 and the defacto complainant and the other petitioners herein are in-laws of the defacto complainant. He would further submit that the investigation of the case is pending. 5.Considering the facts and circumstances of the case and also considering the fact that it is a matrimonial dispute between A1 and the defacto complainant and the at the other petitioners 2 to 6 are only in-laws of the defacto complainant, this Court is inclined to grant anticipatory bail to the petitioners 2 to 6 with certain conditions. 6.

Accordingly, the petitioners 2 to 6 are ordered to be released on bail in the event of their arrest or their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Kodaikanal, Dindigul District, on condition that the petitioners 2 to 6 shall execute a bond for a sum of Rs.

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a)the petitioners 2 to 6 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 petitioners 2 to 6 shall report before the respondent police as and when required for interrogation;

(c)the petitioners 2 to 6 shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioners 2 to 6 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 2 to 6 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]; and; (f)if the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

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7. In view of the endorsement made by the learned counsel for the petitioners, this Criminal Original Petition is dismissed as not pressed as against the first petitioner / A1.

sd/- 01/07/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar (CS -I/ II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO

1. THE JUDICIAL MAGISTRATE NO.II, KODAIKANAL, DINDIGUL DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL.

3. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KODAIKKANAL, DINDIGUL DISTRICT.

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

+1 CC to M/s.R.ANAND, Advocate ( SR-7235[I] dated 02/07/2024 ) +1 CC to M/s.T.P.SARANYA, Advocate ( SR-7304[I] dated 03/07/2024 ) 5/6

ORDER

IN CRL OP(MD) No.6769 of 2024 Date :01/07/2024 RK/VR (04/07/2024) 6P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6