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Madras High CourtCRL OP(MD)/9935/2024ordered

B Sutha v. The Inspector Of Police

2024-07-05Honourable Mr Justice A.A.Nakkiran4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/07/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN

1. B.Sutha

2. V.Balamurugan

3. B.Selvi ... Petitioners/Accused Nos.2 to 4 Vs The Inspector of Police, All Women Police Station, Uthamapalayam-625 533, Theni District.

Crime No.18/2024 ... Respondent/Complainant For Petitioners :

Mr.M.Karuppasamy Pandian, Advocate.

For Respondent :

Mr.M.Vaikkam Karunanithi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.18 of 2024 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioners/A2 to A4, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 406, 498(A) & 506(i) of IPC, in 1/4

Cr.No.18 of 2024, seeks anticipatory bail.

2.The case of the prosecution is that there is matrimonial dispute between A1 and the defacto complainant. The petitioners along with A1 harassed the defacto complainant by demanding additional dowry and threatened her with dire consequences. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent and he has been falsely implicated in this case. He would further submit that it is a matrimonial dispute between A1 and the defacto complainant. The petitioners herein are only in-laws and they have not commit any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl.Side) would submit that the petitioners herein are in-laws. The investigation is in preliminary stage. Hence, he strongly opposed to grant anticipatory bail to the petitioner. 5.Considering the facts and circumstances of the case and also considering the fact that it is a matrimonial dispute between A1 and the defcto complainant and the petitioners herein are only in-laws, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or their appearance, within a period of fifteen days from the date of 2/4

receipt of a copy of this order, before the learned Judicial Magistrate, Uthamapalayam, Theni District, 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 learned Magistrate concerned and on further conditions that:

(a)the petitioners 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 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]; and; 3/4

(f)if the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 05/07/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

dss TO 1 THE JUDICIAL MAGISTRATE, UTHAMAPALAYAM, THENI DISTRICT. 2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT. 3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, UTHAMAPALAYAM 625 533, THENI DISTRICT.

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

+1 CC to M/s.M.KARUPPASAMY PANDIAN, Advocate ( SR-7640[I] dated 09/07/2024 ) ORDER IN CRL OP(MD) No.9935 of 2024 Date :05/07/2024 RS/JGB/SAR-(16.07.2024) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4