Arunpandi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/07/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Arunpandi ... Petitioner/Accused No.1 Vs The Inspector of Police, All Women Police Station, Melur, Madurai District.
Crime No. 39/2023.
... Respondent/Complainant For Petitioner : M/s. Sasikumar.C, Advocate.
For Respondent : Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No. 39 of 2023 on the file of the respondent Police. 1/5
ORDER : The Court made the following order :- The petitioner, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 498(A), 294(b), 323, 406, 506(1) and 494 of IPC, in Crime No.39 of 2023, on the file of the respondent Police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner along with the other accused persons harassed the defacto complainant by demanding additional dowry. Hence the case.
3. The learned counsel appearing for the petitioners would submit that the petitioner is an innocent person and the false case has been foisted against him. He further submit that the petitioner is the husband of the defacto complainant with an intention to harass the petitioner, the present compliant has been given and also submits that this Court has granted anticipatory bail to the co-accused in Crl.O.P (MD).No.7596 of 2024 dated 22.05.2024. Hence, he prays to grant bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the State would submit that the at the instigation of the other accused, petitioner harassed the defacto complainant by demanding additional dowry.
5.Considering the facts and circumstances of the case and also the grant of anticipatory bail to the co-accused, this Court is inclined to grant anticipatory bail to 2/5
the petitioner with certain conditions.
6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Melur, Madurai District, on condition that the petitioner 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 learned Magistrate concerned and on further conditions that: [a]the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity. [b]the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of 15 days and thereafter, as and when required for interrogation. [c]the petitioner shall not tamper with the evidence or witness either during investigation or trial.
[d]the petitioner 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner is released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme 3/5
Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [f]If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 25/07/2024 / TRUE COPY / / 08 /2024 Sub-Assistant Registrar (C.S.-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.
TTA TO 1.THE JUDICIAL MAGISTRATE, MELUR, MADURAI DISTRICT, 2.DO-THROUGH :THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT, 3.THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, MELUR, MADURAI DISTRICT. CRIME NO. 39/2023
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.M.PRABU, Advocate ( SR-8500[I] dated 24/07/2024 ) 4/5
ORDER
IN CRL OP(MD) No.11074 of 2024 Date :22/07/2024 PSP/VR/SAR /02.08.2024/ 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5