Arunsunaikani v. The Inspecor Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/10/2020 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN 1.Arunsunaikani 2.Usha 3.Chockalingam ..Petitioners/Accused Nos.1 to 3 Vs State rep.by The Inspecor of Police, All Women Police Station, Kovilpatti, Thoothukudi District.
(Crime No. 6 of 2020) ... Respondent/Complainant For Petitioners: Mr.S.Poornachandran, Advocate.
For Respondent : Mrs.M.Anandhadevi, Government Advocate (Crl.Side) For Intervenor : Mr.Pon.Karthikeyan Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.6 of 2020 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioners, who are arrayed as A1 to A3, apprehending arrest at the hands of the respondent police for the offences punishable under sections 294(b), 323, 498(A), 406, 420, 506(ii) IPC, and Section 4 of the Dowry Prohibition Act and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, in Crime No.6 of 2020 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the defacto complainant has 1/3
married the first petitioner on 09.04.2020. They have been blessed with one child. The petitioners demanded more dowry from the marriage and thereby causing cruelty to her. Hence, the defacto complainant gave a complaint and the case has been registered. 3.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl. Side) appearing for the respondent.
4.The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, he seek anticipatory bail to the petitioners.
5.The learned Government Advocate (Crl.Side), appearing for the respondent police submitted that due to matrimonial dispute between the first petitioner and the defacto complainant, the petitioners said to have demanded dowry and also attacked the defacto complainant.
6.Considering the facts and circumstances of the case and also considering the fact that there is a matrimonial dispute between the first petitioner and the defacto complainant, 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 arrest or their appearance, within a period of two weeks from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Kovilpatti, 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 condition that: (a)the first petitioner and the defacto complainant shall appear before the District Mediation and Conciliation Centre, Thoothukudi on 02.11.2020 since the defacto complainant is willing to live with the first petitioner.
(c)the petitioners shall report before the respondent police as and when required for interrogation;
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(d)the petitioners shall not tamper with evidence or witness either during investigation or trial;
(e)the petitioners shall not abscond either during investigation or trial;
(f)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;
(g)if the accused/petitioners thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.
sd/- 08/10/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
TO 1.THE JUDICIAL MAGISTRATE NO.I, KOVILPATTI.
2.DO THRO'THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.
3.THE INSPECOR OF POLICE, ALL WOMEN POLICE STATION, KOVILPATTI,THOOTHUKUDI DISTRICT.
4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO: THE AUTHORISED OFFICER, DISTRICT MEDIATION AND CONCILIATION CENTRE, THOOTHUKUDI
ORDER
IN CRL OP(MD) No.10965 of 2020 Date :08/10/2020 vsd AE/SMA/SAR-III (12.10.2020) 3P 6C 3/3