Amirtha Kannan v. The Inspector Or Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction) Date : 25.10.2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI 1.Amirtha Kannan 2.Vijayalakshmi ... Petitioners 1 and 2/Accused Nos.3 & 4 Vs The State represented by The Inspector of Police, All Women Police Station, Paramakudi, Ramanathapuram District.

[Cr.No.21 of 2021] U/Ss 498(A),294(b) Of IPC and Section 4 of TNWH Act r/w Section 4 of D.P.Act ... Respondent/Complainant For Petitioners : Mr.C.DEEPAK, Advocate For Respondent : Mr.A.THIRUVADI KUMAR, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.21 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order : The petitioners, apprehending arrest at the hands of the respondent police for the offence under Sections 498(A) and 294(b) IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Woman Act, 1998 r/w Section 4 of the Dowry Prohibition Act, 1961 in Crime No.21 of 2021, seek anticipatory bail.

2.The prosecution case is that the first accused harassed his wife / defacto complainant and demanded dowry, along with the petitioners. Hence, the complaint.

3.The learned Counsel for the petitioner submits that the petitioners are innocents and they have not committed any offence as alleged. Moreover, the petitioners are brother and brother's wife of the first accused respectively and they are living separately. However they have also been roped as accused 1/3

4.Taking into consideration of the facts and circumstances of the case, the nature of allegations and the petitioners being inlaws of the defacto complainant, this Court is inclined to grant anticipatory bail to the petitioners. Accordingly, this petition is allowed and 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, Paramakudi on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judge concerned and on further conditions that:

[a] the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the learned Judge may obtain a copy of their Aadhaar card or bank pass book to ensure their identity;

[b] the petitioners shall report before the respondent police as and when required for interrogation; [c] the petitioners shall not tamper with the 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 Judge/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 have been released on bail by the learned Judge/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; [f] if the accused / petitioners thereafter abscond, a fresh FIR can be registered under Section 229-A IPC. sd/- 25/10/2021 / TRUE COPY / / /2021 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 PARAMAKUDI.

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2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, PARAMAKUDI, RAMANATHAPURAM DISTRICT.

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

+1. CC to MR.DEEPAK C, Advocate SR.No.7437

ORDER

IN CRL OP(MD) No.15385 of 2021 Date :25/10/2021 SA/PN/SAR.3/11.11.2021/3P/6C 3/3