S.Priyadarshan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/12/2021 PRESENT The Hon'ble Mrs.Justice S.ANANTHI CRL OP(MD). No.21093 of 2021 1.S.Priyadarshan 2.R.Saravanan 3.S.Sudhaa ... Petitioners/Accused 1 to 3 Vs State rep.by The Inspector of Police, All Women Police Station, Tallakulam, Madurai District (Crime No.60 of 2021) ... Respondent/Complainant For Petitioners: M/s.R.Gandhi For Respondent : M/s.SS.Madhavan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.60 of 2021 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioners/Accused No.1 to 3, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 498(A), 406, 506(i) IPC and Section 4 of Tamil Naud Prohibition of Harassment against Women Act in Crime No.60 of 2021 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the petitioners said to have demanded further dowry and the defacto complainant was subjected to harassment and cruelty. Hence, this complaint.
3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case. He would submit that the husband and wife had lived separately and the defacto complainant/wife gave a complaint after receiving summons from the Family Court, Madurai, where, H.M.O.P.No.930 of 2021 is pending.
4. The learned Government Advocate (Crl. Side) for the respondent police submitted that due to dowry harassment, the case has been filed.
5. Considering the nature of offence, there is matrimonial dispute and H.M.O.P.No.930 of 2021 on the file of the Family Court, Madurai, is pending, this Court is inclined to grant anticipatory bail to the petitioners.
6. Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Additional Mahila Court, Madurai, 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 learned concerned court and the petitioners shall appear before the respondent police daily at 10.30 a.m. for 30 days. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
7. The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.
Sd/- 29/12/2021 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.I) Madurai Bench of Madras High Court, Madurai - 625 023.
CM Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
TO
1. THE ADDITIONAL MAHILA COURT, MADURAI.
2. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, TALLAKULAM, MADURAI DISTRICT.
3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.21093 of 2021 Date :29/12/2021 SP/JC/SAR I/03/01/2022/3P/4C