Thilagavathy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN

1. Thilagavathy

2. Nithya ... Petitioners/Accused No.3&4 Vs The State Rep.by The Inspector of Police, All Women Police Station, Lalgudi, Trichy District.

(Crime No.10 of 2022) ... Respondent/Complainant For Petitioners : M/s.Suresh M, Advocate.

For Respondent : Mr.M.Vaikkam Karunanithi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.10 of 2022 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 offences punishable under Sections 294(b), 323, 498(A) and 506(i) of IPC r/w Section 4 of Prohibition of Women Harassment Act and Section 4 of Dowry Prohibition Act, in Crime No.10 of 2022, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the marriage was solemnized between the first accused and the defacto complainant on 23.11.2017, right from the date of marriage, the first accused at 1/3

the instigation of the petitioners had demanded dowry from the defacto complainant and abused her in filthy language and also harassed her for the same. Hence, the complaint. 3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. The petitioners have not committed any offence as alleged by the prosecution. He would further submit that the accused 1 and 2 were released on anticipatory bail by the learned Sessions Judge, Tiruchirappalli in Cr.M.P(MD).Nos.1949 of 2022 and 2804 of 2022 dated 04.07.2022.

4.Heard the learned Government Advocate (Crl.Side) appearing for the respondent police.

5.Considering the facts and circumstances of the case and the grant of anticipatory bail to the co-accused, this Court is inclined to grant anticipatory bail to the petitioners, however, with stringent conditions.

6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, before the learned Judicial Magistrate, Lalgudi, and on their executing 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 learned Magistrate concerned; and the petitioner shall appear before the respondent police on every Saturday at 10.30 am until further orders. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

7.The petitioners shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 01/08/2022 / TRUE COPY / /08/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TTA 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.

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TO:

1. The Judicial Magistrate, Lalgudi.

2. -do-Through The Chief Judicial Magistrate, Trichy District.

3. The Inspector of Police, All Women Police Station, Lalgudi, Trichy District.

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

+1 CC to M/s.M.SURESH, Advocate ( SR-8037[I] dated 02/08/2022 )

ORDER

IN CRL OP(MD) No.13867 of 2022 Date :01/08/2022 RD/PN/SAR-III(22/08/2022) 3P 6C 3/3