Ramya v. The Inspector 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 Ramya

...Petitioner/Accused No.4

Vs The State rep. by The Inspector of Police, All Women Police Station, Kumbakkonam, Thanjavur District.

Cr No.2 of 2020.

...Respondent/Complainant

For Petitioner : Mr.K.Rajesh, Advocate.

For Respondent : Mrs.M.Anandha devi, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For an Anticipatory Bail in Crime No.2 of 2020 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner, who is arrayed as A4, apprehending arrest at the hands of the respondent police for the offences punishable under sections 147, 498(A), 323, 506(i) IPC, r/w Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act 2002 and Section 4 of the Dowry Prohibition Act 1961, in Crime No.2 of 2020 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the defacto complainant has married one Prakash/A1 on 28.08.2013. Due to matrimonial dispute between the defacto complainant and the first accused, the first accused and others have demanded dowry from the defacto complainant and also threatened her with dire consequence. Based on the complaint given by the defacto complainant, the case has been registered.

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3.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent.

4.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and she has been falsely implicated in this case. He further submitted that already A2, A3 and A5 were granted anticipatory bail by this Court in Crl.O.P.(MD) No.4983 of 2020 and hence, he seek anticipatory bail to the petitioner.

5.The learned Government Advocate (Criminal Side), appearing for the respondent police submitted that due to matrimonial dispute between A1 and the defacto complainant, the petitioner and the others 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 A1 and the defacto complainant, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or her appearance, within a period of two weeks from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.1, Kumbakkonam, Thanjavur District, 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 condition 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 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 2/3

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/petitioner thereafter absconds, 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, KUMBAKONAM, THANJAVUR DISTRICT.

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

3. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KUMBAKONAM, THANJAVUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.11001 of 2020 Date :08/10/2020 VSD SRS/ AKM/SAR-IV/ 14.10.2020/ 3P/5C 3/3