Libin Gleetus v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Libin Gleetus ... Petitioner/Accused No.1 Vs The Inspector of Police, All Women Police Station, Marthandam Kanyakumari District.

Crime No.Not Known of 2024 ... Respondent/Complainant For Petitioner : M/s.Perumal.C.T, Advocate.

For Respondent : Mr.A.Albert James, Government Advocate (Crl.Side) For Intervenor : Mr.M.R.Sreenivasan, Advocate PETITION FOR ANTICIPATORY BAIL UNDER SECTION 482 OF BNSS PRAYER :- For Anticipatory Bail in Crime No.Not Known of 2024 on the file of the respondent Police.

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ORDER : The Court made the following order :- The petitioner/A1 who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 498(A) of I.P.C., in Crime No.Not Known of 2024 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner along with other in-laws harassed the defacto complainant by demanding additional dowry and also made mental cruelty.

3.Heard. Perused the materials available on record including the First Information Report.

4.Considering the nature of allegations arising out of the family relationship and considering the fact that it is now today reported that the things of the defacto complainant are handed over and considering the argument of the learned counsel for the petitioner that in lieu of the complaint which is made in respect of 19 sovereigns of gold along with thali chain weighing about 13 sovereigns is with the defacto complainant herself, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

5.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 on which the order copy made ready, before the learned Judicial Magistrate No.I, 2/5

Padmanabhapuram, Kanyakumari District, 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 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 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]. 3/5

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 27/08/2024 / TRUE COPY / / 09 /2024 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO 1 THE JUDICIAL MAGISTRATE NO.I, PADMANABHAPURAM.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT.

3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, MARTHANDAM, KANYAKUMARI DISTRICT.

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

+1 CC to M/s.C.T.PERUMAL, Advocate ( SR-10436[I] dated 28/08/2024 ) 4/5

ORDER

IN CRL OP(MD) No.9623 of 2024 Date :27/08/2024 PSP/ GS /SAR /11.09.2024/ 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5