B. Siva Ranjani v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN B. Siva Ranjani ... Petitioner/Accused Rank Nos.7 Vs State Rep.by The Inspector of Police, All Women Police Station Pattukottai, Thanjavur District.
Cr.No.23/2022.
... Respondent/Complainant For Petitioner : M/s.Periya Selvan.G, Advocate.
For Respondent : Mr.R.Suresh Kumar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 23/2022 on the file of the Respondent police. ORDER : The Court made the following order :- The petitioner/Accused No.7, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 498(A), 494, 506 (i) & 147 of IPC and Section 4 of Dowry Prohibition Act, 1981 in Crime No.23 of 2022, 1/4
on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the defacto complainant and the first accused are husband and wife. On 01.07.2022, due to matrimonial dispute between the parties, the petitioners and other accused harassed the defacto complainant by demanding dowry and driven her out of the matrimonial home and also the first accused married the seventh accused, who is the petitioner herein. Hence, the complaint.
3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case.
4. The allegation against this petitioner is that she is the second wife of the first accused. The first accused is the husband of the defacto complainant. Now he is stated to be in Singapore. When the co-accused moved anticipatory bail before this Court, the matter was referred to the Mediation and in the Mediation process, the first accused offered for one time permanent alimony, which is not accepted by the defacto complainant. So it could not be succeeded. Now since the first accused was not appeared, look out notice was issued against him. 5.Considering the fact other co-accused has been considered for anticipatory bail and the limited allegation is made against this petitioner, this Court is inclined to grant anticipatory bail to the petitioner with stringent conditions. 2/4
6. Accordingly, this Criminal Original Petition is allowed and petitioner is ordered to be released on bail in the event of arrest or on her appearance, before the learned Judicial Magistrate, Pattukottai, Thanjavur District, 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 learned Magistrate concerned and the petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
7. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed. sd/- 25/07/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TM TO 1 THE JUDICIAL MAGISTRATE, PATTUKOTTAI, THANJAVUR DISTRICT.
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2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.
3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION PATTUKOTTAI, THANJAVUR DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.12512 of 2023 Date :25/07/2023 RS/VRS/SAR-(01.08.2023) 4P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4