Thiyagu v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.03.2023 PRESENT THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN 1.Thiyagu 2.Kumarasamy 3.Yesuthangam 4.Ragu 5.Sinthu
...Petitioners/Accused
Rank not known -vsState represented by The Inspector of Police, All Women Police Station, Kanyakumari District.
(Cr.No.28 of 2022)
...Respondent/Complainant
2. Antony Sibiya Vargees ...Intervener/Defacto Complainant (in Crl.M.P(MD) No.12204 of 2022) (Crime number is amended as per order of the court dated 12.10.2022 in Crl.M.P(MD) No.11888 of 2022 in Crl. O.P(MD) No.17250 of 2022 by AANJ) PRAYER: Criminal Original Petition filed under Section 438 of Cr.P.C, praying to enlarge the petitioners on bail in the event of their arrest in connection with Cr.No.28 of 2022 on the file of the respondent Police.
For Petitioners : Mr.George Paul Anto, Advocate For Respondent : Mr.R.M.Anbunithi Additional Public Prosecutor For Intervener : Mr.S.Ananth, Advocate
ORDER
The petitioners, who apprehend arrest at the hands of the respondent Police for the offences punishable under Sections 294(b), 323, 420, 498-A, 406 and 506(ii) IPC and Sections 4 and 6 of Dowry Prohibition Act, 1961, in Crime No.28 of 2022 on the file of the respondent Police, seek anticipatory bail.
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2.The case of the prosecution is that the first petitioner is the husband of the defacto complainant. After marriage, the first petitioner along with other accused persons have demanded dowry and also harassed the defacto complainant. Hence, the case has been registered.
3.Heard both sides and perused the materials available on record.
4.Considering the fact that it is a case of matrimonial dispute, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
5.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of two weeks from the date of receipt of a copy of this order, before the Additional Mahila Court, Nagercoil, Kanyakumari District, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) each 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 petitioners 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 first petitioner shall report before the respondent police daily at 10.00 a.m. without fail, for a period of two weeks and thereafter as and when required for interrogation and the other petitioners shall report before the respondent police as and when required for interrogation;
(c)the petitioners shall not tamper with evidence or witness either during investigation or trial;
(e)the petitioners shall not abscond either during investigation or trial;
(f)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 petitioners 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;
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(g)if the accused/petitioners thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.
sd/- 07/03/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
Vsd To
1. The Additional Mahila Court, Nagercoil, Kanyakumari District.
2. The Inspector of Police, All Women Police Station, Kanyakumari District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.GEORGE PAUL ANTO.L, Advocate ( SR-3664[I] dated 08/03/2023 )
ORDER
IN DATE :07.03.2023 NA/SBN/SAR-I/21.03.2023/3P/5C 3/3