D.Thirunagarajan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/10/2023 PRESENT The Hon`ble Mr.Justice V.SIVAGNANAM D.Thirunagarajan, ... Petitioner/Accused Rank Not Known Vs The Inspector of Police, All Women Police Station, Tallakulam, Madurai, Crime No. Not Known of 2023.
... Respondent/Complainant For Petitioner : M/S.SRINIVASAN.R, Advocate.
For Respondent : MRS.M.AASHA, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.Not Known of 2023 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/ Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 498A IPC and Section 4 of Dowry Prohibition Act in Crime No.Not known of 2023 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner herein, who is the husband 1/4
of the defacto complainant and other accused are said to have demanded additional dowry from the defacto complainant and also harassed her both mentally and cruelly. Hence the case.
3.The learned counsel for the petitioner would contend that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and his name has been falsely implicated in this case and hence, prayed for anticipatory bail.
4. The learned Government Advocate (Crl. Side) would submit that it is a case of matrimonial dispute between the husband and wife and that the petition enquiry is pending.
5. Considering the facts and circumstances of the case and also considering the fact that it is a matrimonial dispute between the husband and wife and that petition enquiry is only pending, this Court is inclined to grant anticipatory bail to the petitioner, subject to the following conditions: 6.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 learned Judicial Magistrate No.II, Madurai 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: 2/4
[a] the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; [b] the petitioner shall report before the respondent police on receipt of summons.
[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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 06/10/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.
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TRP TO 1 THE JUDICIAL MAGISTRATE NO.II, MADURAI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI. 3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, TALLAKULAM, MADURAI. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.R.SRINIVASAN, Advocate ( SR-14893[I] dated 10/10/2023 ) ORDER IN CRL OP(MD) No.16202 of 2023 Date :06/10/2023 SA/DD/SAR. /17.10.2023/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4