Amjath Ali v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Amjath Ali ... Petitioner/Accused No.1 Vs

1. The Sub Inspector of Police, All Women Police Station, Srirangam, Trichy City, Crime No.8/2024.

(*)2. Reehana, W/o.Amjath Ali, 10,11, Thailamai Nagar, 1st Street, Ramachandra Nagar, E.Pudur, Trichy-12.

(*)R2 is suo-motu impleaded as per order of the Court, dated 06.08.2024 in CRL OP(MD) No.12789/2024) ... Respondents/Complainants For Petitioner : Mr.SC.Herold Singh, Advocate.

For R1 : Mr.A.Albert James, Government Advocate (Crl.Side) 1/5

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS / 438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.8/2024 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 498(A) I.P.C and Section 4 of Dowry Prohibition Act, 1961, in Cr.No.8 of 2024, seeks anticipatory bail.

2. The case of the prosecution is that due to matrimonial dispute between the parties, the petitioner had demanded additional dowry and also harasssed the defacto complainant. Hence, the complaint.

3. Heard the learned counsel on either side and perused the material records of the case.

4.Considering the facts and circumstances of the case and also considering the nature of allegations, I am inclined to grant anticipatory bail to the petitioner with certain conditions.

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5. Accordingly, this Petition is allowed and 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, Additional Mahila Court, Trichy, 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 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 Aadhar card or Bank pass Book to ensure their identity; (b)the petitioner shall report before the respondent police daily at 10.30 am for a period of three weeks and thereafter as and when required for interrogation. It is made clear that no relaxation of the condition for the said period will be entertained by this court;

(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;

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(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 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]; and; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 12/09/2024 / TRUE COPY / /09/2024 Sub-Assistant Registrar (CS-I/II/III/IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

LS TO

1. THE JUDICIAL MAGISTRATE, ADDITIONAL MAHILA COURT, TRICHY 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY.

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3. THE SUB INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, SRIRANGAM, TRICHY CITY.

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

+1 CC to M/s.S.C.HEROLD SINGH, Advocate ( SR-11343[I] dated 18/09/2024 )

ORDER

IN CRL OP(MD) No.12789 of 2024 Date :12/09/2024 RK/SG (24/09/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5