Solaraja v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08.09.2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI 1.Solaraja 2.Chinnasamy 3.Alagammal ... Petitioners/Accused1,2 & 3 Vs The Inspector of Police, All Women Police Station-Thoothukudi, Thoothukudi (Crime No. 26 of 2021).

... Respondent Sindhuja, ... Intervener/Petitioner in Crl MP(MD)No. 5963 of 2021 For Petitioner : Mr.R.Alagumani, Advocate.

For Respondent : Mr.T.Senthilkumar, Government Advocate (Crl.Side) For Intervenor : Mr.A.Thiruvadikumar,Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.26 of 2021 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioners/A1 to A4 apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 498(A) and 406 I.P.C, in Crime No.26 of 2021 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the first petitioner is the husband and the petitioners 2 and 3 are father-in-law and mother-in-law of the de-facto complainant. Due to matrimonial dispute between the first petitioner and the de-facto complainant, the petitioners harassed the de-facto complainant by demanding additional dowry. Hence, the complaint.

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3.The learned counsel for the petitioners submits that the matter was referred to the social welfare officer, Thoothukudi for mediaiton and during the mediation, the petitioners handed over all the jewels to the de-facto complainant.

4.The learned counsel for the intervenor submits that the jewels alone have been returned. He further submits that the first petitioner already received more than Rs.40,00,000/- from the parents of the de-facto complainant, but, he has not paid the said amount.

5.The learned Government Advocate (Crl. Side) for the respondent submits that investigation is yet to be completed. 6.Considering the facts and circumstances of the case, the nature of allegation made against the petitioners and also the fact that it is a matrimonial dispute, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 7.Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.IV, Thoothukudi on condition that the petitioners shall execute a bond for a sum of Rs.

(b)the petitioners shall report before the respondent police daily at 10.30 a.m., until further orders.

(c)the petitioners shall not tamper with the 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;

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(f)if the accused/ petitioners thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 08/09/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI 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.IV THOOTHUKUDI 2 DO THROUGH, THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI.

3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THOOTHUKUDI.

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

+1 CC to Mr.A.THIRUVADI KUMAR, Advocate(SR-6139[I]dated 09/09/2021 )

ORDER

IN CRL OP(MD) No.11268 of 2021 Date :08/09/2021 PKP/JC/SAR-3/23.09.2021/3P/6C 3/3