Madras High CourtCRL OP(MD)/16955/2024allowed

Gurunivash v. The State Of Tamilnadu

2024-12-16Honourable Mr Justice N. Anand Venkatesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/12/2024 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH

1. Gurunivash

2. Mariammal ... Petitioners/Accused 1 & 2 Vs

1. The Inspector of Police, All Women Police Station, Bodinayakanur, Theni District (Crime No. 17/2024) ... Respondent/Complainant (*)2. Sinthuja ... 2nd Respondent (*)(R2 is Suo-Motu impleaded as per order of the court dated 04.10.2024 in CRL OP(MD).16955/2024 BY DBCJ) For Petitioner :

M/s.V.Pandiyan, Advocate For R1 :

Mr.A.Albert James, Government Advocate (Crl.Side) For R2 :

Mr.R.Anand, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No. 17/2024 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), 506(2) IPC & Section 4 of 1/4

Dowry Prohibition Act 1961, in Crime No.17 of 2024, seek anticipatory bail. 2.The case of the prosecution is that due to matrimonial dispute, the accused have demanded additional dowry, harassed the defacto complainant, they have aborted her pregnancy. Hence, the complaint.

3.Heard the learned counsel on either side and perused the material records of the case.

4. Taking into consideration the facts and circumstances of the case and also considering that it is a matrimonial dispute and this Court already granted anticipatory bail to the second petitioner herein on 04.10.2024, this Court is inclined to grant anticipatory bail to the first petitioner. Accordingly, this criminal original petition is ordered and the first petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Bodinayakanur, Theni District, on condition that the first 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 respondent police or the police officer who intends to arrest or to the satisfaction of the said Magistrate, on further condition that: [a] if the first petitioner fail to surrender before the said Magistrate within a period of fifteen days, this order shall stand automatically cancelled. 2/4

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

[e] the first petitioner 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 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; [g] if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS 2023.

sd/- 16/12/2024 / TRUE COPY / /01/2025 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

LR 3/4

TO 1 THE JUDICIAL MAGISTRATE, BODINAYAKANUR, THENI DISTRICT. 2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT. 3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, BODINAYAKANUR, THENI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.V.PANDIYAN, Advocate ( SR-15464[I] dated 16/12/2024 )

ORDER

IN CRL OP(MD) No.16955 of 2024 Date :16/12/2024 RS/SKN/SAR-(02.01.2025) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4