Dhinesh@Dhineshkumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/11/2020 PRESENT The Hon'ble Mr.Justice S.M.SUBRAMANIAM CRL OP(MD). No.12607 of 2020 Dhinesh @ Dhineshkumar ... Petitioner/Accused Rank No.5 Vs The Inspector of Police, All Women Police Station, Sivagangai, Sivagangai District.

(Crime No.15 of 2019) ... Respondent/Complainant For Petitioner : Mr.P.Venkata Subramanian, Advocate.

For Respondent : Ms.M.Ananthadevi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.15 of 2019 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioner who arrayed as accused No.5 apprehending arrest at the hands of the respondent police for the offence punishable under sections 420, 498(A) and 506(II) IPC and r/w Section 4 of Dowry Prohibition Act and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No.15 of 2019 on the file of the respondent police, seeks anticipatory bail. 2.The learned Government Advocate (Crl.side) made a submission that the investigation in all respect was concluded and charge sheet has been filed before the Mahila Court, Sivagangai.

3.Under these circumstances, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 4.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of two weeks from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.1, Sivagangai, 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 as well as before the Court whenever his presence is 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/petitioner thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 09/11/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE JUDICIAL MAGISTRATE No.I, SIVAGANGAI.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, SIVAGANGAI, SIVAGANGAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.12607 of 2020 Date :09/11/2020 RMK TE/SMA/SAR-II : 11/11/2020 : 3P/5C