N. Vigneshwaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Seventh day of December Two Thousand Eighteen PRESENT The Hon`ble Mr Justice B.PUGALENDHI CRL OP(MD) No.23006 of 2018 N. VIGNESHWARAN ... PETITIONER / ACCUSED NO. A4 Vs STATE THROUGH THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, TOWN POLICE STATION, MADURAI. ... RESPONDENT / COMPLAINANT For Petitioner : MR.AZAGARSAMI, Advocate For Respondent : MR.R.ANANDHA RAJ, ADDITIONAL PUBLIC PROSECUTOR.

PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under Sections 498(A), 294(b), 354(A) IPC and Section 4 of TNPHW Act in Cr.No.12 of 2018 seeks anticipatory bail.

2.The case of the prosecution is that the petitioner and the accused tortured the defacto complainant demanding dowry. 3.The learned counsel for the petitioner would submit that a false case has been foisted against him and he had nothing to do with the alleged offence.

4.Heard the learned Government Advocate (Crl.Side) appearing for the respondent police.

5.Considering the fact that all the co-accused are granted anticipatory bail by the learned Principal Sessions Judge, Madurai, this Court is inclined to grant anticipatory bail to the petitioner.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Additional Mahila Court, (Judicial Magistrate Level), Madurai 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 said Magistrate, on further condition that:

[a] if the petitioner fail to surrender before the said Magistrate within a period of fifteen days, this order shall stand automatically cancelled.

[b] the petitioner shall report before the respondent police as and when required for the purpose of 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 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]. [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 27/12/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDGE, ADDITIONAL MAHILA COURT, (JUDICIAL MAGISTRATE LEVEL), MADURAI.

2 THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, TOWN POLICE STATION, MADURAI.

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

ORDER

IN CRL OP(MD) No.23006 of 2018 Date :27/12/2018 AMS/PN/S-2/02.01.2019/3P/5C