Radhakrishnan v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY
1. Radhakrishnan,
2. Krishnaramanujam,
3. Padma,
4. Kosalai,
5. Ramya, ... Petitioners/Accused Nos.1to5 Vs The State of Tamil Nadu, Rep by the Inspector of Police, All Women Police Station, Bodinayakkanur, Theni District.
Crime No. 18/2024.
... Respondent/Complainant For Petitioners: M/s. Sudalaiyandi.K, Advocate.
For Respondent : Mr.A.Albert James, Government Advocate (Crl.Side) For Intervener : Mr.C.Jeganathan, Advocate. 1/5
PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.18 of 2024 on the file of the respondent police ORDER : The Court made the following order :- The petitioners/A1 to A5, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 498(A) of IPC and Section 4 of Dowry Prohibition Act, 1961, in Crime No.18 of 2024, seek anticipatory bail. 2.The case of the prosecution is that the first petitioner is the husband and the petitioners 2 to 5 are in-laws of the defacto complainant. After marriage, the petitioners are said to have harassed the defacto complainant by demanding additional dowry and properties. Hence, the complaint. 3.Heard both sides.
(*)
4. Considering the nature of the allegations in this case that already the petitioners 2 to 5 were granted anticipatory bail and as far as the first petitioner is 2/5
concerned, now the case has come before this court after mediation. It is reported that no amicable solution could be arrived at in the mediation. Considering the relationship between the parties and the overall facts and circumstances of the case, the first petitioner is also enlarged on anticipatory bail with certain conditions. 5.Accordingly, the (**) first petitioner is ordered to be released on bail in the event of his 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 Court, Bodinayakkanur, Theni District, on condition that the(**)first petitioner 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 learned Magistrate concerned and on further conditions that: (a)the (**)first 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 (**)first petitioner shall report before the respondent police daily at 10.
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(d)the(**)first 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 (**)first petitioner in accordance with law as if the conditions have been imposed and the (**)first 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 abscond, a fresh FIR can be registered under Section 229-A IPC.
sd/- 23/10/2024 (*)(**)CORRECTED AS PER ORDER OF THIS COURT DATED 30.10.2024 IN CRL OP(MD)NO.15916 OF 2024 / TRUE COPY / /11/2024 Sub-Assistant Registrar (CS-I / II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.
dss TO 1.THE JUDICIAL MAGISTRATE, BODINAYAKKANUR, THENI DISTRICT, 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI.
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3.THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, BODINAYAKKANUR, THENI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.K.SUDALAIYANDI, Advocate ( SR-13064[I] dated 24/10/2024 )
ORDER
IN CRL OP(MD) No.15916 of 2024 Date :23/10/2024 RK/GSV (20/11/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5