Balasubramanian v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Balasubramanian, ... Petitioner/Accused 4 Vs The Inspector of Police, Awps Pattukottai, Thanjavur.

Crime No.03/2024..

... Respondent/Complainant For Petitioner : Mr.M.Maharaja, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL UNDER SECTION 482 OF BNSS PRAYER :- For Anticipatory Bail in Crime no.03 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/A4, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 498(A), 420 and 406 of IPC, in Cr.No.3 of 2024, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner herein is the brother-in-law of A1. A1 and the defacto complainant are the husband and wife. The petitioner along with other accused are said to have harassed the defacto complainant by demanding 1/4

additional dowry. Apart from that, the petitioner herein has tried to misbehave with the defacto complainant and also tried to grab the amount and property of the defacto complainant's husband, who is taking treatment for HIV. Hence, the complaint.

3.Heard both sides.

4.Considering the nature of allegation and also considering the fact that the petitioner is only husband of the defacto complainant's sister-in-law, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 5.Accordingly, 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 Judicial Magistrate, Pattukkottai, Thanjavur, on condition that the petitioner shall execute a bond for a sum of Rs.

for interrogation;

(c)the petitioner shall not tamper with 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 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/- 19/08/2024 / TRUE COPY / / 08 /2024 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS TO 1 THE JUDICIAL MAGISTRATE PATTUKKOTTAI THANJAVUR.

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2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, THANJORE DISTRICT AT KUMBAKONAM.

3 THE INSPECTOR OF POLICE AWPS PATTUKOTTAI, THANJAVUR.

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

+1 CC to M/s.M.MAHARAJA, Advocate ( SR-10079[I] dated 19/08/2024 )

ORDER

IN CRL OP(MD) No.13496 of 2024 Date :19/08/2024 PSP/GS/SAR /24.08.2024/ 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4