Duraipandi @ Duraipandian v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 10.07.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI 1.Duraipandi @ Duraipandian 2.Muthulakshmi ... Petitioners/Accused 2 & 3 Vs The Inspector of Police, All Women Police Station, Nilakottai, Dindigul District.

(Crime No.4 of 2024) ... Respondent/Complainant For Petitioners : Mr.D.Venkatesh, Advocate For Respondent : Mr.M.Sakthi Kumar, Government Advocate(Crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.4/2024 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 498-A, 294(b), 342, 355, 417 and 506(i) IPC and Section 4 of the Dowry Prohibition Act in Cr.No.4 of 2024 on the file of the 1/5

respondent police, seek anticipatory bail.

2.The case of the prosecution is that the first accused and the defacto complainant are husband and wife. After marriage, all the accused harassed the defacto complainant.

3.The learned counsel appearing for the petitioners submits that the petitioners are innocents persons and they did not commit any offence as alleged by the prosecution by demanding additional dowry.

4.The learned Government Advocate(Crl.side) appearing for the respondent Police submits that the investigation in this case is yet to be completed. 5.It appears that the petitioners are in-laws of the defacto complainant. The allegations as against the accused is that they have demanded additional dowry. However, the petitioners disputed the same. The marriage was performed in the year 2022 and the complaint was lodged in the year 2024. The petitioners claim that the first accused filed a petition for restitution of conjugal rights and they are also prepared to take back the defacto complainant. However, it appears that there is some other issue for the defacto complainant to lodge a complaint. 6.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners on condition that the petitioners have to cooperate with the respondent Police and shall return the jewels and other articles to 2/5

the defacto complainant, if any and try to resolve the issue amicably. 7.Accordingly, this criminal original petition is allowed and the petitioners 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 learned Judicial Magistrate, Nilakottai on condition that the petitioners shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Nilakottai and on further conditions that:

i. The petitioners and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the Government in proof of their residence address; ii. The petitioners shall appear before the respondent police daily at 10.30 am for a period of two weeks and thereafter as and when required. They have to co-operate for the investigation. iii. The petitioners shall not misuse the liberty granted to them by indulging in any further offence and shall not tamper with the prosecution witnesses. The petitioners shall be available for the trial as well.

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iv. On violation of any of the above conditions by the petitioners, the respondent police shall move an application for cancellation of the anticipatory bail.

sd/- 10/07/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

GNS TO 1 THE JUDICIAL MAGISTRATE, NILAKOTTAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.

3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, NILAKOTTAI, DINDIGUL DISTRICT.

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

+1 CC to M/s.D.VENKATESH, Advocate ( SR-7823[I] dated 12/07/2024 ) 4/5

ORDER

IN CRL OP(MD) No.10188 of 2024 Date :10/07/2024 SA/VR/SAR. /24.07.2024/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5