N.Vetriselvan v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/07/2019 PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM 1.N.Vetriselvan 2.I.Niraipandian 3.N.Tamil Selvi 4.N.Duraipandi 5.N.Vijaya Prabharan ... Petitioners/Accused Rank Not Known Vs State rep by The Sub-Inspector of Police, All Women Police Station, Rajapalayam, Virudhunagar District.

Crime No.16 of 2019. ... Respondent/Complainant For Petitioners : M/s.M.Jothibasu, Advocate.

For Respondent : Mrs.M.Anantha Devi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For anticipatory bail in cr.no.16 of 2019 on the file of the respondent police.

ORDER : The Court Made the following order :- The Memo dated 25.07.2019 filed by the petitioners is hereby recorded and the Registry shall carry the amendment. 2.The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 498(A), 294(b) and 506(i) of IPC and Section 4 of Dowry Prohibition Act, 1961, in Crime No.16 of 2019, seek anticipatory bail. 1/3

3. Heard both sides.

4.The learned counsel appearing for the petitioners has submitted that due to family dispute, a false case has been registered against the petitioners. He further submitted that it is purely family dispute. He further submitted that the first petitioner is the husband and other petitioners are in-laws of the defacto complainant. Hence, he prayed for grant of anticipatory bail to the petitioners.

5.The learned Government Advocate (Crl. Side) appearing for the respondent has submitted that the allegation made against the first petitioner is that he demanded additional dowry from the defacto complainant and harassed her and hence, she opposed this petition. However, she fairly conceded that the main allegation is only against the first petitioner.

6.In so far as the first petitioner is concerned, he is the husband of the defacto complainant and the learned counsel for the petitioners has submitted that he is not pressing the criminal original petition in respect of the first petitioner and he has also made an endorsement to that effect.

7.In so far as other petitioners are concerned, they are inlaws of the defacto complainant and the main allegation is only against the first petitioner 8.Taking into consideration the aforesaid facts, this Court is inclined to grant anticipatory bail to the petitioners 2 to 5 by imposing certain conditions.

9.Considering the submission and endorsement made by the learned counsel for the petitioners, this criminal original petition is dismissed as not pressed in respect of the first petitioner.

10. Accordingly, the petitioners 2 to 5 are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate Court No.II, Srivilliputtur, on condition that the petitioners 2 to 5 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 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:

(i) If the petitioners 2 to 5 fail to surrender before the concerned Magistrate within a period of 15 days, this order shall stand automatically cancelled.

2/3

(ii) the petitioners 2 to 5 shall report before the respondent police daily at 10.30 a.m for a period of three weeks and thereafter, as and when required before the respondent police for interrogation.

(iii) the petitioners 2 to 5 shall not tamper with evidence or witness either during investigation or trial. (iv) the petitioners 2 to 5 shall not abscond either during investigation or trial.

(v) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners 2 to 5 in accordance with law as if the conditions have been imposed and the petitioners 2 to 5 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].

(vi) If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 25/07/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO II,SRIVILLIPUTTUR. 2.THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTTTUR.

3.THE SUB-INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, RAJAPALAYAM, VIRUDHUNAGAR DISTRICT.

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

+1. CC to M/S.G.M.LAW OFFICE Advocate SR.No.12307

ORDER

IN CRL OP(MD) No.10488 of 2019 Date :25/07/2019 vsg MS/VR/SAR-1/08.08.2019/3P.6C 3/3