Dhamodharan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/07/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Dhamodharan, ... Petitioner/1st Accused Vs The Inspector of Police, Srirangam All Women Police Station, Tiruchirapalli City.
Crime No.9/2024..
... Respondent/Complainant For Petitioner : Mr.A.Sivasubramanian, 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.9/2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner / accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 498(A), 406 and Section 4 of Tamil 1/5
Nadu Prohibition of Women Harassment Act, in Cr.No.9 of 2024, seeks anticipatory bail.
2.The case of the prosecution is that there was a matrimonial dispute between the petitioner and the defacto complainant and the petitioner herein has also demanded additional dowry from the defacto complainant and also harassed her. Hence, the complaint.
3. The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and seeks anticipatory bail.
4.The learned Additional Public Prosecutor would submit that there was a matrimonial dispute between the husband and wife and 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 the husband and wife, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 2/5
6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned District Munsif - cum - Judicial Magistrate, Srirengam 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 to the Police Officer, who intends to arrest or 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 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;
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(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]; and; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
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 DISTRICT MUNSIF - CUM - JUDICIAL MAGISTRATE, SRIRENGAM 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY.
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3.THE INSPECTOR OF POLICE, SRIRANGAM ALL WOMEN POLICE STATION, TIRUCHIRAPALLI CITY.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.7439 of 2024 Date :01/07/2024 RK/GS (05/07/2024) 5P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5