J.Prasanna v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/03/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN J.Prasanna
...Petitioner/Accused No.1
Vs.
State represented by The Inspector of Police, All Women Police Station, Jeeyapuram, Tiruchirappali District.
Crime No.36 of 2021
...Respondent/Complainant
For Petitioner : Mr.N.Ananda Kumar 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.36 of 2021 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner, who is arrayed as A1, apprehending arrest at the hands of the respondent police for the offences punishable under sections 294(b), 323, 406, 498(A) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 and Section 4 of Dowry Prohibition Act, 1961, on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that the petitioner is the husband of the defacto complainant. After marriage, the petitioner along with other accused persons have demanded dowry and also harassed the defacto complainant. Hence, the case has been registered.
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3.The learned counsel appearing for the petitioner submitted that the petitioner is innocent person and they have been falsely implicated in this case.
4.The learned Additional Public Prosecutor appearing for the respondent police strongly opposed to grant anticipatory bail to the petitioner.
5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate/Additional Mahila Court, Tiruchirappali, 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 respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: (a)the petitioner and the sureties shall affix their photographs and left thumb 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 petitioner shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter as and when required for 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]; and; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 07/03/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
VSD 2/3
TO 1.The learned Judicial Magistrate/Additional Mahila Court, Tiruchirappali.
2.Do through the Chief Judicial Magistrate, Tiruchirappali District.
3.The Inspector of Police, All Women Police Station, Jeeyapuram, Tiruchirappali District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.N.ANANDAKUMAR, Advocate ( SR-3587[I] dated 07/03/2023 )
ORDER
IN Date : 07/03/2023 NA/BUC/SAR-4/16.03.2023/3P/6C 3/3