Nagajothi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/11/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.13691 of 2022
1. Nagajothi
2. Meena Sudha ... Petitioners/Accused No.2 & 3 Vs State rep.by The Sub Inspector of Police, All Women Police Station, Thallakulam, Madurai.
(Crime No.48 of 2022).
... Respondent/Complainant For Petitioners : M/s.Suriyanarayanan R, Advocate. For Respondent : Mrs.M.Aasha, Government Advocate (Crl.Side) For Intervenor : Mr.T.Leninkumar, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.48 of 2022 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 498(A), 406, 294(b) and 506(i) IPC in Crime No.48 of 2022, seek anticipatory bail.
2.The case of the prosecution is that the petitioners and other accused have demanded additional dowry of Rs.25,00,000/- from the defacto complainant for the purchase of house and also tortured her both mentally and cruelly. Hence, the complaint.
3.The learned counsel for the petitioners would submit that the petitioners are innocents and they have not committed any offence as alleged by the prosecution.
4.The learned Government Advocate(Crl.Side) would submit that the petitioners are in-laws of the defacto complainant, after the marriage, A1, who is the husband of the defacto complainant, went to Canada without informing to her. He wold further submit that the petitioners have demanded additional dowry and also tortured the defacto complainant both mentally and cruelly. He further contended that the investigation of the case is pending 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 it is a matrimonial dispute and the petitioners are in-laws of the defacto complainant, this Court is inclined to grant anticipatory bail to the petitioners 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 receipt of a copy of this order, before the learned Judicial Magistrate No.II, Madurai, 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 appear before the respondent police daily at 10.30 a.m., 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 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 abscond, a fresh FIR can be registered under Section 229-A IPC.
Sd/- 03/11/2022 / TRUE COPY / /11/2022 Sub-Assistant Registrar (C.S.I) Madurai Bench of Madras High Court, Madurai - 625 023.
TRP TO
1. THE JUDICIAL MAGISTRATE NO.II, MADURAI.
2. -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.
3. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THALLAKULAM, MADURAI.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.SURIYANARAYANAN R Advocate SR.No.12471
ORDER
IN CRL OP(MD) No.13691 of 2022 Date :03/11/2022 SP/BUC/SAR I/18/11/2022/3P/6C