P.Rajendran v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/06/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN
1. P.Rajendran
2. Palthangam (*)3. Amara Boomathi ... Petitioners / Accused No.2 to 4 (*)(Amended as per order of the court dated 30/06/2023 in Crl MP(MD)No. 9151 of 2023 in Crl OP(MD)No. 9787 of 2023 by GKIJ) Vs The State rep by The Inspector of Police, All Woman Police Station, Kanniyakumari.
(Crime No.17 of 2023).
... Respondent / Complainant For Petitioners : M/s.Swathisankaravathanan.T, Advocate. For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.17 of 2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners/accused who apprehend arrest at the hands of the respondent police for the offences punishable under sections 498(A),323,406 and 506(ii) of I.P.C r/w. sections 3 and 4 of D.P.Act in Crime No.17 of 2023 on the file of the respondent 1/4
police, seek anticipatory bail.
2. The case of the prosecution is that the marriage between the first accused and the defacto complainant was solemnized on 27.01.2022. From the first date of marriage, the petitioners demanded more dowry and harassed her, hence the case.
3. Heard both sides and perused the materials available on record including the First Information Report.
4. Taking into consideration of the facts that it is a case of matrimonial dispute between the parties, this court is inclined to grant anticipatory bail to the petitioners , with certain conditions:
5. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Additional Mahila Court, Nagercoil on condition that the petitioners shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:
[a] the petitioners and the sureties shall affix their photographs and Left Thumb 2/4
Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity. [b] the petitioners shall report before the respondent police as and when required for interrogation.
[c] the petitioners shall not tamper with 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 07/06/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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AAV TO BE SUBSTITUTED WITH THE ORDER DATED 07/06/2023 ALREADY DESPATCHED To 1.The Judicial Magistrate, Additional Mahila Court, Nagercoil.
2.Do through the Chief Judicial Magistrate, Kanyakumari District at Nagercoil.
3.The Inspector of Police, All Women Police Station, Kanniyakumari.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.9787 of 2023 Date :07/06/2023 ED/MMS/SAR- (09/06/2023) 4P 6C GNS PKP/BUC/SAR- /21.07.2023/ 4P/5 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4