A.Palsamy v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction) Date: 05.10.2023 PRESENT The Hon`ble MR JUSTICE V.SIVAGNANAM 1.A.Palsamy 2.P.Marimuthu 3.K.Murugeswari 4.S.Ponamalar 5.M.Kumar ... Petitioners / Accused Rank not known Vs State through The Inspector of Police, All Women Police Station, Thiruvadanai, Ramanathapuram District.
(Crime No.Not Known of 2023) ... Respondent / Complainant For Petitioners :
Mr.K.Ramanathan For Respondent :
M/s.M.Aasha Government Advocate (Crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C 1/5
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 petitioners, who apprehend arrest at the hands of the respondent police for the offence punishable under Section 498(A) of IPC in Crime No.not known of 2023, seek anticipatory bail.
2.The case of the prosecution is that the petitioners have harassed the de-facto complainant by demanding more dowry. Hence, the case. 3.The learned Counsel for the petitioners would submit that the petitioners are innocence and a false complaint has been given. He would also submit that the petitioners have not committed any offence, as alleged by the prosecution and they were falsely implicated in this case. Hence, he would pray for grant of anticipatory bail to the petitioners.
4.The learned Government Advocate (crl.side) would submit that the petitioners have harassed the de-facto complainant by demanding more dowry. She would strongly oppose to grant anticipatory bail to the petitioners. 5.Considering the facts and circumstances of the case, this Court is inclined to 2/5
grant anticipatory bail to the petitioners with certain conditions: 6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Thiruvadanai, Ramanathapuram District, 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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 appear before the Trial Court on issuance of summons. [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. [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 3/5
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/- 05/10/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.
CMR To 1.The Judicial Magistrate, Thiruvadanai, Ramanathapuram District.
2.Do through the Chief Judicial Magistrate, Ramanathapuram District.
3.The Inspector of Police, All Women Police Station, Thiruvadanai, Ramanathapuram District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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ORDER
IN CRL OP(MD) No.17739 of 2023 Date :05/10/2023 ED/VRS/SAR- (17/10/2023) 5P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5