Subramanian v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction) Date : 08.10.2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI 1.Subramaniyan 2.Rojali ... Petitioners/Accused Nos.2 & 3 Vs The State represented by The Inspector of Police, Keeranur All Women Police Station, Pudukottai District.

(Crime No.9 of 2021) ... Respondent/Complainant For Petitioners : Mr.R.L.Dhilipan Pandian, Advocate. For Respondent : Mr.T.Senthilkumar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail in Crime No.9 of 2020 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 alleged offence punishable under Sections 294(b), 498(A) and 506(i) IPC in Crime No.9 of 2021, seek anticipatory bail.

2.The case of the prosecution is that the defacto complainant married the son of the petitioners. After the marriage, the petitioners demanded gold jewels and cash as dowry from the defacto complainant. Further the first petitioner abused her and she was driven out of the matrimonial home. Hence, the complaint. 3.The learned counsel for the petitioners submitted that the petitioners are innocents and they have been falsely implicated in this case. Further the first accused / husband has been granted anticipatory bail by this Court on 28.09.2021 in Crl.O.P(MD)No.11344 of 2021.

4.The learned Additional Public Prosecutor appearing for the respondent submitted that the petitioners are in-laws of the defacto complainant and he affirmed that the husband has been granted anticipatory bail by this Court based on the report of the Social Welfare Officer.

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5.Considering the nature allegations levelled against the petitioners, they being in-laws and the grant of anticipatory bail to the husband, this Court is inclined to grant anticipatory bail to the petitioners. Accordingly, this criminal original petition is allowed. The petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Keeranur, Pudukottai District 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 Magistrate 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 Magistrate 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 daily at 10.30 am., until further orders.

[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 Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioner are 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]. [f]If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 08/10/2021 / 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.

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TO 1 THE JUDICIAL MAGISTRATE, KEERANUR, PUDUKKOTTAI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.

3 THE INSPECTOR OF POLICE KEERANUR ALL WOMEN POLICE STATION, PUDUKOTTAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.15566 of 2021 Date :08/10/2021 DSK MK/VR/SAR.II/25.10.2021/3P/5C 3/3