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Madras High CourtCRL OP(MD)/13592/2020ordered

Arumugam v. The Inspector Of Police

2020-11-30Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/11/2020 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN

1. Arumugam

2. Ananthi ... Petitioners/Accused Rank Not Known Vs The State Rep.by The Inspector of Police, Central Crime Branch, Madurai City, Madurai District.

Crime No. 60/2020.

... Respondent/Complainant For Petitioners : M/s.S.Palani Velayutham, Advocate.

For Respondent : Mr.KR.Bharathi Kannan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Crime No. 60 of 2020 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), 506(i) of IPC and Section 4 of D.P.Act seek anticipatory bail.

2. Heard both sides.

3.The case of prosecution is that the defacto complainant got married to one Vijaya Baskar Mithun on 02.06.2014 and out of their wedlock they were blessed with one female child and at the time of marriage One kilogram gold jewels and Rs.5 laksh worth household 1/3

articles were given as dowry and even after marriage on various occasions Rs.20 laks was given for higher education of defacto complainant's husband. Thereafter all the accused persons harassed the defacto complainant demanding more dowry. Hence the complaint.

4. The learned counsel for the petitioners would submit that the petitioners are innocent and a false case has been foisted against them.

5. The learned Government Advocate(Crl.Side) would submit that it is a family dispute and the investigation is still pending. 6.Taking into consideration the facts and circumstances of the case and also taking note of the fact that it is an usual family dispute, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

7. Accordingly, 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 No.I, Madurai 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 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: (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 daily at 10.30 a.m., for a period of two weeks and thereafter 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;

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

sd/- 30/11/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1.THE JUDICIAL MAGISTRATE NO.I, MADURAI DISTRICT. 2.-DO- THRO'THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3.THE INSPECTOR OF POLICE, CENTRAL CRIME BRANCH, MADURAI CITY, MADURAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.13592 of 2020 Date :30/11/2020 AAV AE/JC/SAR-IV (03.12.2020) 3P / 5C 3/3