P.Arvindh, S/O.R.K.Palanivel, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twentieth day of December Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.19339 of 2018 P.ARVINDH, ... PETITIONER / ACCUSED RANK NOT KNOWN Vs THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, TALLAKULAM, MADURAI CITY.

(*)(CRIME NO.57 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : MR.M.SOLAISAMY Advocate For Respondent : MR.K.SUYAMBULINGA BHARATHI, Government Advocate(Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section (**)498(A) and 506(i) of IPC in (*)Cr.No.57 of 2018 seeks anticipatory bail.

2. The case of the prosecution is that the petitioner and the defacto complainant got married on 21.06.2012 and lived happily. After few months of marriage the petitioner demanded more dowry.

3. The learned counsel for the petitioner would submit that the petitioner has been falsely implicated in this case and he has nothing to do with the alleged offence.

4. The learned Government Advocate(Crl.Side) would submit that petitioner herein demanded more dowry and harassed her.

5. Taking into consideration the facts and circumstances of the case this Court inclined to grant anticipatory bail to the petitioner.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the Additional Mahila Court (Magistrate Level), Madurai on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) each with two sureties, each for a like sum to the satisfaction of the said Magistrate, on further condition that:

[a] if the petitioners fail to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled.

[b] the petitioner shall report before the respondent police daily at 10.30 a.m 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 abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 20/12/2018 (*)(**)Amended as per the order of Hon'ble Court made in CRL MP(MD).No.10468/2018 in CRL OP(MD).No.19339/2018 vide order dated 20.12.2018 by MNKJ.

/ TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE ADDITIONAL MAHILA COURT, (MAGISTRATE LEVEL), MADURAI 2.DO THRO'THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3.THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, TALLAKULAM, MADURAI CITY.

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

ORDER

IN CRL OP(MD) No.19339 of 2018 Date :20/12/2018 AE/VR MMS/SAR1/28.12.2018/3P/5C