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Madras High CourtCRL OP(MD)/7453/2024ordered

Panchavarnam v. Inspector Of Police

2024-07-16Honourable Mr Justice A.A.Nakkiran5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/07/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN

1. Panchavarnam,

2. Kalimuthu,

3. Arunbalaji,

4. Vijalakshmi,

5. Packiyalakshmi @ Packia Lakshmi,

6. Annapoornai @ Poornima,

7. Sankar@ Sankara Narayanan,

8. Sivaganapandiyan, ... Petitioners/Accused No.2 to 9 Vs Inspector of Police, All Women Police Station, Thriumangalam, Madurai District, Cr.No.08 of 2024.

... Respondent/Complainant Indhira Devi

...Petitioner/Intervener

in CRL MP(MD)No.6142/2024 1/5

For Petitioners : Mr.C.Senthil Murugan, Advocate.

For Respondent : Mr.M.Vaikkam Karunanithi, Government Advocate (Crl.Side) For Intervenor : Mr.M.S.Jeyakarthik, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 482 of B.N.S.S PRAYER :- For Anticipatory Bail in Crime No.08 of 2024 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners, who are the accused, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 498(A), 406, 294(b) and 506(i) IPC in Cr.No.08 of 2024, on the file of the respondent police and hence, seek anticipatory bail.

2. The case of the prosecution is that the petitioners and other accused harassed the defacto complainant by demanding additional dowry. Hence, the case 3.The learned counsel for the petitioners would submit that the petitioners are innocents and they have not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioners. 2/5

4.The learned Government Advocate(Crl.Side) would submit that there was a matrimonial dispute between the parties and the petitioners are the in-laws of the defacto complainant and they are not having any previous case and the investigation is completed and the charge sheet yet to be filed. Hence, he strongly opposed to grant anticipatory bail to the petitioners.

5. The learned counsel for the intervenor / defacto complainant submits that the defacto complainant is ready and willing to live with her husband, who is A1 in this case, but, the petitioners, who are the in-laws, obstructed her and hence, strongly objected to grant anticipatory bail to the petitioners. 6.Considering the facts and circumstances of the case and also considering the fact that there is no bad antecedents and that the petitioners are only in-laws, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 7.

Accordingly, the petitioners 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 Judicial Magistrate, Thirumangalam, Madurai District, on condition that the petitioners shall execute a bond for a sum of Rs.

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 shall report before the respondent police weekly once ie. every Saturday at 10.30 am until further orders; (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]; and; (f)if the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 16/07/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar (CS-I/ II/ III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

LS 4/5

TO

1. THE JUDICIAL MAGISTRATE, THIRUMANGALAM, MADURAI DISTRICT, 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THIRUMANGALAM, MADURAI DISTRICT.

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

+1 CC to M/s.C.SENTHIL MURUGAN, Advocate ( SR-8019[I] dated 16/07/2024 )

ORDER

IN CRL OP(MD) No.7453 of 2024 Date :16/07/2024 RK/GS (26/07/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5