J.Arulpandi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/10/2023 PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM J.Arulpandi, ... Petitioner/Accused No.1 Vs State Rep.by The Inspector of Police, All Women Police Station, Melur, Madurai District.
Crime No. 17 of 2023.
... Respondent/Complainant For Petitioner : M/s.Samidurai K,Advocate.
For Respondent : Mrs.M.Aasha, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 17 of 2023 on the file of the respondent Police.
ORDER : The Court made the following order :- The petitioner/ Accused, who apprehends arrest at the hands of the respondent 1/5
police for the offences punishable under Sections 498(A), 355, 506(i) IPC r/w. Section 4 of TNPWH Act and Section 4 of Dowry Prohibition Act, 1961 in Crime No.17 of 2023 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the due to the matrimonial dispute, the petitioner herein and other accused said to have abused the defacto complainant in filthy language and also tortured her both mentally and cruelly. Hence the case. 3.The learned counsel for the petitioner would contend that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and his name has been falsely implicated in this case and hence, prayed for anticipatory bail.
4. The learned Government Advocate (Crl. Side) would submit that it is a matrimonial dispute between the husband and wife and the investigation of the case is pending.
5. Considering the facts and circumstances of the case and also considering the fact that it is a matrimonial dispute between the husband and wife, this Court is inclined to grant anticipatory bail to the petitioner, subject to the following conditions:
6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Melur, Madurai District on 2/5
condition that the 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 learned Magistrate concerned and on further condition that: [a] the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; [b] the petitioner shall report before the respondent police on receipt of summons.
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioner 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 petitioner in accordance with law as if the conditions have been imposed and the 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]. 3/5
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 09/10/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TRP TO THE JUDICIAL MAGISTRATE, MELUR, MADURAI DISTRICT.
DO THROUGH:
THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.
THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, MELUR, MADURAI DISTRICT.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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+1 CC to M/s.K.SAMIDURAI, Advocate ( SR-14850[I] dated 09/10/2023 )
ORDER
IN CRL OP(MD) No.17956 of 2023 Date :09/10/2023 PKP/VRS/SAR- /16.10.2023/ 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5