Pallavarajan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/08/2019 PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM Pallavarajan ... Petitioner/Accused No.1 Vs State by, The Inspector of Police, Bodi Town Police Station, Bodi, Theni District, Crime No. 367 of 2019. ... Respondent/Complainant For Petitioner : M/s. P. Samuel Gunasingh, Advocate.

For Respondent : Ms.M.Anantha Devi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in crime No. 367 of 2019 on the file of the Respondent Police.

ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 174 Cr.P.C and 309 IPC altered into 304 (B) of IPC, in Crime NO.367 of 2019, seeks anticipatory bail.

2.Heard both sides.

3.The case of the prosecution is that on 10.03.2016, marriage was performed between the defacto complainant and A1 and at that time, her father gave 75 sovereigns of gold jewels (65 sovereigns to the bride and 10 to the bridegroom) and other house hold articles as dowry. Thereafter, the accused persons demanded additional dowry 1/3

and driven out the defacto complainant to her parent's house by causing cruelty.

4.The learned counsel appearing for the petitioner has submitted that without prejudice to the contentions of the petitioner, the accused persons A2 & A3 have handed over a Demand Draft for Rs.24,00,000/- to the defacto complainant/Intervenor and hence, he requests to grant anticipatory bail to the petitioner. 5.A2 and A3 also appeared in person and said that they have handed over a Demand Draft for Rs.24,00,000/- to the defacto complainant. The defacto complainant also present and said that he has received the said Demand Draft.

6.The learned Government Advocate (Crl.Side) has submitted that the co-accused persons 2 & 3 have handed over the Demand Draft for Rs.24,00,000/- to the defacto complainant.

7.Taking into consideration the aforesaid facts and all the grounds, this Court is inclined to grant anticipatory bail to the petitioner.

8.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Bodi on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) 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} considering the submission made by the learned counsel for the Intervenor in Crl.OP(MD)Nos.9750 & 9923 of 2019, A1 should not leave the India without getting permission from the trial Court. [b] if the petitioner fails to surrender before the concerned Magistrate within a period of 15 days, this order shall stand automatically cancelled.

[c] the petitioner shall report before the respondent Police, daily at 10.30 a.m for a period of three weeks and thereafter, as and when required for the interrogation.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioner shall not abscond either during investigation or trial.

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[f] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 09/08/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, BODI, THENI DISTRICT.

2.DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

3.THE INSPECTOR OF POLICE, BODI TOWN POLICE STATION, BODI, THENI DISTRICT 4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S. P. SAMUEL GUNASINGH Advocate SR.No.13444

ORDER

IN CRL OP(MD) No.11214 of 2019 Date :09/08/2019 (2/5) DSS PK/VR/SAR-1/20.08.2019 : 3P/6C 3/3