Karuppusamy v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY

1. Karuppusamy,

2. Dharmaraj,

3. Vellaiyammal, ... Petitioners/Accused Rank Not Known Vs

1. The State of Tamilnadu, Rep. by the Inspector of Police, Sanarpatti Police Station, Dindigul District.

In Crime No. Not Known of 2024)..

2.K.Sarojadevi,, W/o Karuppasamy, South Street, Konapatti Village, Sanarpatti Post, Dindigul District.

Respondent No.2 is Suo Motu impleaded as Per Order of this Court dated 09.09.2024 in Crl.O.P.(MD).No.15073 of 2024).

... Respondents/Complainants 1/6

For Petitioners : Mr.S.Ayyanar Prem Kumar, Advocate.

For R-1 : Mr.A.Albert James, Government Advocate (Crl.Side) For R-2 : Mr.A.Prasanna Rajadurai PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.31 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 498(A), 494 and 506(i) IPC in Crime No.31 of 2024, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to family dispute that arose between the petitioners and the defacto complainant, the petitioner herein harassed the defacto complainant by demanding additional dowry. 2/6

3. Heard. Perused the materials available on record including the First Information Report.

4. Considering the nature of allegations that the dispute arose out of the matrimonial discord and in view of the fact that despite this Court referring the matter to the Mediation and Conciliation Centre, the same was not amicably resolved and considering the argument of the learned counsel appearing for the second respondent that she is finding extremely difficult to take care of her two tender children, I am inclined to enlarge the petitioners on anticipatory bail with certain conditions:

5. Accordingly, 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 on which the order copy made ready, before the Judicial Magistrate No.III, Dindigul, 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 the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: 3/6

[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 petitioners shall report before the respondent Police, daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation. (C). the petitioners are directed to deposit a sum of Rs.25,000/- (Rupees Twenty Thousand only) to the credit of the second respondent, viz., K.Saroja Devi bearing Account No.1427119073330, IFSC Code : CNRB0001427, Canara Bank, Sanarpatti Branch, without prejudice to their rights and contentions before the trial Court and produce the receipt/acknowledgement before the learned Judicial Magistrate No.III, Dindigul.

[d] 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 4/6

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]. [g] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

sd/- 17/10/2024 / TRUE COPY / /11 /2024 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TSG TO 1.The Judicial Magistrate No.III, Dindigul.

2.Do-Through, The Chief Judicial Magistrate, Dindigul.

3.The Inspector of Police, Sanarpatti Police Station, Dindigul District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

5/6

ORDER

IN CRL OP(MD) No.15073 of 2024 Date : 17/10/2024 SI/MMS/ /-(08.11.2024) 6P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 6/6