Arunkumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/06/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Arunkumar ... Petitioner/Accused No.1 Vs The Inspector of Police, Mudhukulathur Police Station, Mudhukulathur, Ramanathapuram District.
Crime No. 154 of 2023.
... Respondent/Complainant For Petitioner : Mr. Arun.B,Advocate For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 154 of 2023 on the file of the respondent police.
ORDER : The Court made the following order :- The petitioner, apprehending arrest at the hands of the respondent Police, in 1/4
connection with a case in Crime No.154 of 2023, for the offence punishable under Sections 498(A) and 506(i) IPC and Sections 4 and 6 of Dowry Prohibition Act, 1961, has filed this petition seeking anticipatory bail.
2. The case of the prosecution is that due to skeptical wisdom, the petitioner has abused the defacto complainant and also he has demanded dowry from her. Hence, the case.
3. The learned counsel appearing for the petitioner submits that the defacto complainant has already married a person and deserted him. However, suppressing the same, she has married the petitioner and out of their wedlock, they are having a child. Now, the defacto complainant has developed intimacy with some other person and living with him and the child is now in the custody of the petitioner. Hence, he prays for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent Police submits that no previous case is pending against the petitioner.
5. Considering the facts and circumstances of the case and also considering that the child is in the custody of the petitioner and the antecedent of the petitioner, this Court is inclined to grant anticipatory bail to the petitioner.
6. Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail in the event of his arrest or on his appearance within a 2/4
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 petitioner shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand), with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Muthukalathur, Ramanathapuram District. (ii) The petitioner 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 address; (iii) The petitioner shall appear before the respondent police as and when required for interrogation. He has to co-operate for the investigation. (iv) The petitioner shall not misuse the liberty granted to him 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 petitioner, the respondent police shall move an application for cancellation of the anticipatory bail. sd/- 21/06/2024 / TRUE COPY / /06/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
LR 3/4
TO THE JUDICIAL MAGISTRATE MUTHUKALATHUR, RAMANATHAPURAM DISTRICT.
DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.
THE INSPECTOR OF POLICE MUDHUKULATHUR POLICE STATION, MUDHUKULATHUR, RAMANATHAPURAM DISTRICT.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.B.ARUN, Advocate ( SR-6813[I] dated 21/06/2024 )
ORDER
IN CRL OP(MD) No.9108 of 2024 Date :21/06/2024 PKP/JGB/SAR /27.06.2024/ 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4