Sridevi v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY 1.Sridevi, 2.Samayasakthi, ... Petitioners/A4 & A5 Vs The State of Tamilnadu, Represented by the Inspector of Police, All Women Police Station, Musiri, (Crime No.16 of 2024) ... Respondent/Complainant For Petitioners : Mr.G.Karnan, Advocate For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act. 1/5
PRAYER :- For Anticipatory Bail in Crime No.16 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 498(A), 294(b), 506(1) and 406 of the Indian Penal Code, 1860 read with Section 4 of the Dowry Prohibition Act, 1961 in Crime No.16 of 2024 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the de-facto complainant is the wife of the 1st accused. The 1st accused demanded money as well as jewels from the de-facto complainant. When the same was informed to the petitioners herein, they refused to hear and also threatened her. Hence, this case.
3. Heard the learned counsel on either side and perused the material records of the case.
4. Considering the fact that the petitioners/A4 and A5 are only the sister-in-law and sister-in-law's husband, and also considering the fact that the offences arise out 2/5
of marital discord, I am inclined to enlarge the petitioners on anticipatory bail.
5. Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Musiri, Trichy District on condition that the petitioners 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 to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further conditions that: (a) the petitioners 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 petitioners 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 the interrogation. (c) the petitioners shall not tamper with evidence or witness either during investigation or trial;
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(d) the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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/- 04/10/2024 / TRUE COPY / 16/10/2024 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.
mkn TO 1.The Judicial Magistrate, Musiri, Trichy District 2.Do-Through The Chief Judicial Magistrate, 4/5
3.The Inspector of Police, All Women Police Station, Musiri, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai
ORDER
IN CRL OP(MD) No.17186 of 2024 Date :04/10/2024 RK/ (16/10/2024) 5P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5