Kannaki v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/07/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN

1. Kannaki

2. Thenmozhi

3. Kanimozhi

4. Arumugam

5. Mariyappan

6. Vasuki ... Petitioners /Accused No.2 to 7 Vs.

The Inspector of Police, All Women Police Station, Palani, Dindigul District.

(Crime No.24/2023.) ... Respondent/Complainant For petitioners :

M/s.Lenin Kumar.T, Advocate.

For Respondent :

Mr.M.Vaikkam Karunanithi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/5

PRAYER :- For Anticipatory Bail in Crime No. 24/2023 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 offences punishable under Sections 294 (b), 498(A) and 506(i) of IPC and Section 4 of the Dowry Prohibition Act, in Cr.No.24 of 2023, on the file of the respondent police and hence, seek anticipatory bail.

2. The case of the prosecution is that the petitioners along with the other accused harassed the defacto complainant by demanding additional dowry. Hence, the case.

3.The learned counsel for the petitioners would submit that the petitioners are innocents and they have been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioners . 4.The learned Government Advocate(Crl.Side) would submit that it is matrimonial dispute between the parties and the petitioners are in-laws and major part of the investigation is completed and he strongly opposed to grant anticipatory bail to the petitioners .

5.Considering the facts and circumstances of the case and also considering the fact that major part of the investigation is over and the petitioners are in-laws, this 2/5

Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 6.Accordingly, this Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Palani, 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 respondent Police or to the Police Officer, who intends to arrest or 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 weekly once, ie. on every Saturday at 10.30 am until further orders; (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 3/5

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

sd/- 11/07/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

LS To 1.The Judicial Magistrate, Palani.

2.Do through the Chief Judicial Magistrate, Dindigul District.

3.The Inspector of Police, All Woman Police Station, Palani, Dindigul District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.T.LENINKUMAR, Advocate ( SR-7818[I] dated 12/07/2024 ) 4/5

ORDER

IN CRL OP(MD) No.10253 of 2024 Date :11/07/2024 ED/ JGB /SAR- (19/07/2024) 5P / 6 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5