Madras High CourtCRL OP(MD)/8680/2024ordered

Prasanna v. The Inspector Of Police

2024-06-28Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/06/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI and CRL MP(MD). No.6403 of 2024

1. Prasanna

2. Chandrasekaran

3. Pappathi

4. Sindhana

5. Ravikumar ... Petitioners/Accused 1 to 5 Vs The Inspector of Police, All Women Police Station, Musiri, Trichy District.

Crime No.9 of 2024.

... Respondent/Complainant For Petitioner :

Mr.Lenin Kumar, Advocate For Respondent :

Mr.P.Kottai Chamy, Government Advocate (Crl.Side) For Intervenor :

Mr.K.K.Udhaya Kumar, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.9 of 2024 on the file of the respondent police ORDER : The Court made the following order :- 1/4

The petitioners, apprehending arrest at the hands of the respondent Police, in connection with a case in Crime No.09 of 2024, for the offence punishable under Sections 498(A), 406, 294(b) and 323 IPC, have filed this petition seeking anticipatory bail.

2.The case of the prosecution is that due to matrimonial dispute, the accused have harassed the defacto complainant, sent her to the parents house and demanded additional dowry. Hence, the case.

3.The learned counsel appearing for the petitioners submits that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioners. 4.The learned Government Advocate (Crl.Side) appearing for the respondent Police submits that it is a case and counter case. 5.Considering that it is a matrimonial dispute, earlier this Court has referred the matter to the Social Welfare Officer concerned. Today, the Social Welfare Officer has filed a report stating that the petitioners are living separately and while leaving the matrimonial house, the defacto complainant has taken away some jewels. To that effect, the petitioners have also lodged a complaint before the Musiri Police Station, Trichy. That apart, the first petitioner is paying a sum of Rs.16,000/- as maintenance to his wife and the children.

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6.Considering the report of the Social Welfare Officer, Trichy, this Court is inclined to grant anticipatory bail to the petitioners. 7.Accordingly, this Criminal Original Petition is ordered. Consequently, the connected miscellaneous petition is closed. The petitioners are ordered to be released on bail in the event of their arrest or on their appearance within a period of fifteen days from the date of receipt of a copy of this order, before the concerned learned Judicial Magistrate on condition that (i) the petitioners shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand)each, with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Musuri, Trichy District. (ii) The petitioners and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the government in proof of their residence address;

(iii) The petitioners shall appear before the respondent police once in a week at 10.30 am until further orders for interrogation. They have to co-operate for the investigation.

(iv) The petitioners shall not misuse the liberty granted to them by indulging in any further offence and shall not tamper with the prosecution witnesses. (v) On violation of any of the above conditions by the petitioners, the 3/4

respondent police shall move an application for cancellation of the anticipatory bail. sd/- 28/06/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

LR TO 1 THE JUDICIAL MAGISTRATE, MUSIRI, TRICHY DISTRICT. 2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT. 3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, MUSIRI, TRICHY DISTRICT.

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

+1 CC to M/s.T.LENINKUMAR, Advocate ( SR-7181[I] dated 01/07/2024 ) +1 CC to M/s.K.K.UDHAYAKUMAR, Advocate ( SR-7206[I] dated 01/07/2024 ) ORDER IN CRL OP(MD) No.8680 of 2024 Date :28/06/2024 RS/GS/SAR-(03.07.2024) 4P 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4