Mary Lilly Pragash v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Mary Lilly Pragash ... Petitioner/Accused No.2 Vs State rep by The Inspector of Police, All Women Police Station, Marthandam, Kanyakumari District.
(Crime No.Not known/2024) ... Respondent/Complainant For Petitioner : Mr.C.T.Perumal, Advocate.
For Respondent : Mr.A.Albert James, Government Advocate (Crl.Side) For Intervenor : Mr.M.R.Sreenivasan, Advocate 1/5
PETITION FOR ANTICIPATORY BAIL UNDER SECTION 482 OF BNSS PRAYER :- For Anticipatory Bail in Crime No. Not known of 2024 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 498(A) IPC and Section 4 of Dowry Prohibition Act, in crime No.Not known of 2024 on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that the petitioner along with other in-laws harassed the de-facto complainant for demanding dowry and also made mental cruelty. Hence, the respondent police registered a case against the petitioner.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed the offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioner. 4.Heard the learned Additional Government Pleader appearing for the State. 5.Considering the nature of the allegation that the petitioner is only the mother2/5
in-law, I am inclined to enlarge the petitioner on anticipatory bail.
6. Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or her appearance, on executing 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 learned Judicial Magistrate No.1, Padmanabhapuram, Kanyakumari District.
(i)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; (ii)the petitioner shall report before the respondent Police as and when required for interrogation. It is made clear that no relaxation of the condition for the said period will be entertained by this court;
(iii)the petitioner shall not tamper with evidence or witness; iv)the petitioner shall not abscond during trial. v)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]. 3/5
(vi)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 27/08/2024 / TRUE COPY / / 09 /2024 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.
NS TO 1 THE JUDICIAL MAGISTRATE NO.I, PADMANABHAPURAM, KANYAKUMARI DISTRICT.
2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANNIYAKUMARI DISTRICT.
3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, MARTHANDAM, KANYAKUMARI DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.C.T.PERUMAL, Advocate ( SR-10437[I] dated 28/08/2024 ) +1 CC to M/s.M.R.SREENIVASAM, Advocate ( SR-10516[I] dated 28/08/2024 ) 4/5
ORDER
IN CRL OP(MD) No.8919 of 2024 Date :27/08/2024 PSP/ GS /SAR /11.09.2024/ 5P/ 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5