Kaviram.P v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29.11.2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH 1.Kaviram.P 2.Ponraj.R 3.Geetha durairaj.P 4.Leelavathi.P ... Petitioners/Accused 1 to 4 Vs The State of Tamil Nadu Represented by the Inspector of Police, All Woman Police Station, Tuticorin, Tuticorin District.

(Crime No.39 of 2024) ... Respondent / Complainant For Petitioners: Mr.K.Ramakrishnan, Advocate For Respondent : Mr.A.Albert James, Government Advocate (Criminal Side) 1/5

For Intervenor : Mr.S.Jeyachandran, Advocate for Mr.C.Saravanakumar, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act. PRAYER :- For Anticipatory Bail in Crime No. 39 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 498A, 354A, 406 and 506(ii) of IPC, in Crime No.39 of 2024 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant married A1 and she was treated with cruelty and there was demand for dowry. The anticipatory bail petition was filed by A1 to A4 and this Court by an order dated 24.10.2024 was pleased to grant anticipatory bail to A2 to A4. The petition was kept pending for A1. The parties were referred to the mediation centre. The parties were not able to reach any settlement before the mediation centre. In view of the same, the matter was sent back to the Court.

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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 considering the fact that there is a matrimonial dispute between the parties, this Court is inclined to grant anticipatory bail to the 1st petitioner with certain conditions.

5. Accordingly, the 1st 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 Court No.IV, Tuticorin, Tuticorin District, on 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 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 1st 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. 3/5

[b] the 1st petitioner shall appear before the respondent police as and when required for interrogation.

[c] the 1st petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the 1st 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 29/11/2024 / TRUE COPY / /12/2024 Sub-Assistant Registrar (CS-I / II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

pal TO

1. THE JUDICIAL MAGISTRATE NO.IV, TUTICORIN, TUTICORIN DISTRICT, 4/5

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN.

3. THE INSPECTOR OF POLICE, ALL WOMAN POLICE STATION, TUTICORIN, TUTICORIN DISTRICT.

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

+1 CC to M/s.KA.RAAMAKRISHNAN, Advocate ( SR-13050[I] dated 24/10/2024 )

ORDER

IN CRL OP(MD) No.18321 of 2024 Date :29/11/2024 RK/GSV(05/12/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5