Jeevanantham v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01.09.2023 PRESENT The Hon`ble Mr.Justice P. DHANABAL CRL OP(MD)No.15945 of 2023 Jeevanantham ... Petitioner/Accused rank not known Vs The State represented by The Inspector of Police, All Women Police Station, Ramanathapuram District.

In Cr.No.19 of 2021.

... Respondent/Complainant For Petitioner : Mr.M.Veeravelpandi, Advocate For Respondent : Mr.B.Nambiselvan, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.19 of 2021 on the file of the respondent police ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 498(A), 506(i) IPC in Crime No.19 of 2021 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner is the father-in-law of the

defacto complainant. The petitioner and other accused subjected her to cruelty and also demanded additional dowry. Hence the case. 3.The learned counsel for the petitioner would contend that the petitioner is an innocent person and he has been falsely implicated in this case. Already co-accused in this case arrested and released on bail. Hence, he prayed for anticipatory bail to the petitioner.

4.The learned Additional Public Prosecutor would submit that investigation in this case completed and charge sheet also filed before the learned Additional Mahila Court, Ramanathapuram.

5.Heard both side and perused the materials available on record. 6.Considering the rival submissions on either side and considering the date of FIR and also considering the fact that investigation in this case completed and charge sheet also filed, this Court is inclined to grant anticipatory bail to the petitioner, subject to the following conditions:

7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the Additional Mahila Court, Ramanathapuram 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

learned Magistrate concerned and on further condition that: [a] the petitioner shall report before the Additional Mahila Court, Ramanathapuram on every first working day of English calender month at 10.30 a.m., for a period of three months.

[b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioner shall not abscond either during investigation or trial. [d] 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]. [e] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 01/09/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

GNS

TO 1 THE ADDITIONAL MAHILA JUDGE, RAMANATHAPURAM.

2 THE INSPECTOR OF POLICE ALL WOMAN POLICE STATION, RAMANATHAPURAM DISTRICT. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.M.VEERAVEL PANDI, Advocate ( SR-13275[I] dated 05/09/2023 )

ORDER

IN CRL OP(MD) No.15945 of 2023 Date :01/09/2023 SS/JGB/12/09/2023/4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023