Arumugam v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY
1. Arumugam,
2. Marikannu, ... Petitioners/Accused Nos. 2 & 3 Vs The State of Tamil Nadu, Rep by the Inspector of Police, All Women Police Station, Aranthangi, Pudukottai District.
(Crime No.07/2024.) ... Respondent/Complainant For Petitioners: M/s. Senthil Murugan.C, Advocate.
For Respondent : Mr.A.Albert James, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.07 of 2024 on the file of the respondent Police.
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ORDER : The Court made the following order :- The petitioners/A2 & A3, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 344(a)(1), 417, 498(A) & 506 (i) of IPC r/w Section 4 of DP Act, in Crime No.7 of 2024, seek anticipatory bail. 2.The case of the prosecution is that A1 is the husband and the petitioners herein are in-laws of the defacto complainant. The petitioners along with A1 harassed the defacto complainant by demanding additional dowry. Hence, the complaint.
3.Heard both sides.
4.Considering the nature of the allegations arising out of matrimonial discard and considering the fact that the petitioners are only in-laws and considering a submission made by the learned counsel for the petitioners that the petitioners were living as a joint family right from the year 2021, and only because the prime accused, A1 in this case did not take the defacto complainant to London, now the allegations are suddenly made, this Court is inclined to grant anticipatory bail to the petitioners 2/5
with certain conditions.
5.Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Aranthangi, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) common surety for a like sum 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 am for a period of three weeks and thereafter, as and when required for interrogation; (c)the petitioners shall not tamper with evidence or witness either during investigation or trial;
(d)the petitioners shall not abscond either during investigation or trial; 3/5
(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/- 16/10/2024 / TRUE COPY / /11 /2024 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1. The Judicial Magistrate, Aranthangi.
2. The Chief Judicial Magistrate, Pudukkottai
3. The Inspector of Police, All Women Police Station, Aranthangi, Pudukottai District.
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4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.C.SENTHIL MURUGAN, Advocate ( SR-12494[I] dated 16/10/2024 )
ORDER
IN CRL OP(MD) No.17485 of 2024 Date : 16/10/2024 SI -(07.11.2024) 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5