A Jency Stephen v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/06/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI

1. A. Jency Stephen

2. A.Josephin Jantharic Mary

3. H.Nithya Aarosh

4. A.DavidLourdhu Raj ... Petitioners/Accused No.1 to 4 Vs

1. The Inspector of Police, Omachikulam Police Station, Madurai District.

(Crime No.159/2019).

2. The Sub Inspector of Police, Appanthirupathy Police Station, Madurai District.

... Respondents/Complainants For Petitioner : M/s.Raguvaran B, Advocate For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl.Side) 1/5

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.159/2019 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners, apprehending arrest at the hands of the respondent Police, in connection with a case in Crime No.159 of 2019, for the offence punishable under Sections 294(b), 323, 355, 417 and 506(i) IPC and Section 4 of DP Act and Section 4 of TNPHW Act, 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, demanded additional dowry and assaulted her. Hence, the case.

3. The learned counsel appearing for the petitioners submits that this Court has already granted anticipatory bail to the petitioners in Crl.O.P(MD)No.10434 of 2024, dated 09.08.2019. He further submits that since the issue has been amicably settled 2/5

between the parties, the petitioners have failed to furnish sureties. However, again they are living separately. Therefore, this application has been filed seeking the very same relief.

4. The learned Government Advocate (Crl.Side) appearing for the respondent Police submits that no previous case is pending as against the petitioners.

5. Considering the fact that this Court has already granted anticipatory bail to the petitioners, this Court is inclined to grant anticipatory bail to the petitioners.

6. Accordingly, this Criminal Original Petition is ordered and 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.10,000/-(Rupees Twenty Five Thousand)each, with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.V, Madurai 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 3/5

address;

(iii) The petitioners shall appear before the respondent police daily at 10.30 am for a period of three weeks and thereafter, as and when required 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 respondent police shall move an application for cancellation of the anticipatory bail. sd/- 28/06/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar (CS -I/ II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

lr TO

1. THE JUDICIAL MAGISTRATE NO.V, MADURAI DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3. THE INSPECTOR OF POLICE, OMACHIKULAM POLICE STATION MADURAI DISTRICT.

4/5

4. THE SUB INSPECTOR OF POLICE, APPANTHIRUPATHY POLICE STATION, MADURAI DISTRICT.

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

+1 CC to M/s.B.RAGUVARAN, Advocate ( SR-7124[I] dated 28/06/2024 )

ORDER

IN CRL OP(MD) No.9502 of 2024 Date :28/06/2024 RK/GS (05/07/2024) 5P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5