Rajagopal v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/11/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.10996 of 2022

1. Rajagopal

2. Senthamarai ... Petitioners/Accused No.2 and 3 Vs

1. State rep.by The Inspector of Police, All Women Police Station, Pattukkottai.

Thanjavur District.

(Crime.No.16 of 2022).

... Respondent/Complainant (*)2. Aswin Rajenthiran ... 2nd Respondent/Defacto Complainant (*)(R2-Suo Motu impleaded as per order of this Hon'ble Court dated 21.06.2022 in Crl.O.P.(MD) No.10996/2022 by GIJ) For Petitioner : M/s.Ebenezer Charles.T.J., Advocate. For Respondent 1 : Mrs.M.Aasha, Government Advocate (Crl.Side) For Respondent 2 : M/s.N.Balasubramanian, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.16 of 2022 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) IPC, 1860 and Section 4 of Dowry Prohibition Act, 1961 in Crime.No.16 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that the petitioners and A1 tortured the defacto complainant both mentally and cruelly by demanding additional dowry. Hence, the complaint.

3. The learned counsel for the petitioners would submit that the petitioners are in laws of the defacto complainant and they are innocent and they have not committed any offence as alleged by the prosecution and their names have been falsely implicated in this case and seek anticipatory bail.

4.The learned Government Advocate (Crl.Side) would submit that it is a case of matrimonial dispute and the A1 is the husband of the defacto complainant and the petitioners herein are in-laws of the defacto complainant and they have demanded additional dowry from her. He would further submit that only one witness was examined and the remaining witnesses are yet to be examined and he strongly opposed to grant anticipatory bail to the petitioners. 5.Considering the facts and circumstances of the case and also considering the fact that this is a matrimonial dispute and the petitioners are only in-laws of the defacto complainant, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Pattukkottai 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 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 petitioners 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 shall appear before the respondent Police daily 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 absconds, a fresh FIR can be registered under Section 229-A IPC.

Sd/- 01/11/2022 / TRUE COPY / /11/2022 Sub-Assistant Registrar (C.S.II) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO

1. THE JUDICIAL MAGISTRAE, PATTUKKOTTAI.

2. -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3. THE INSPECTOR OF POLICE, ALL WOMENS POLICE STATION, PATTUKOTTAI, THANJAVUR DISTRICT.

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

+1. CC to M/S.EBENEZER CHARLES.T.J. Advocate SR.No.12190

ORDER

IN CRL OP(MD) No.10996 of 2022 Date :01/11/2022 SP/SSS/SAR II/08/11/2022/3P/6C