Stephen Lamater v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/12/2024 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH

1. Stephen Lamater,

2. Inbajothi,

3. Blessi, ... Petitioners/Accused Nos.1 to 3 Vs

1. The State of Tamil Nadu, Rep By, The Inspector of Police, AWPS-Jeeyapuram Police Station, Trichy.

Cr.No.22/2024.

... Respondent/Complainant

2. Dona Rajee, ... 2nd Respondent (Respondent No.2 Suo-Motu impleaded as Per Order of this Court dated 29.10.2024 in Crl.O.P.(MD.No.18745 of 2024).

For Petitioners : Mr.V.Muruganantham, Advocate.

For R-1 : Mr.A.Albert James, Government Advocate (Crl.Side) For R-2 : Mr.R.Ilayaraja, Advocate 1/5

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.22/2024 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners / Accused Nos.1 to 3, who apprehend arrest at the hands of the respondent Police for the offences under Sections 294(b), 498(A) of IPC and Section 4 of Dowry Prohibition Act, 1961 in Crime No.22 of 2024 on the file of the respondent Police, seek anticipatory bail.

2. The anticipatory bail petition was filed by the husband and the in-laws. This Court was pleased to grant anticipatory bail to accused Nos.2 and 3. Accused No.1 and the defacto complainant were referred to the Mediation and Conciliation Centre attached to his Bench. Since there was no settlement, the matter has been posted before the Court.

3. Heard the learned counsel appearing for the petitioners, the learned Government Advocate (Criminal Side) appearing for the respondent Police and the learned counsel appearing for the second respondent.

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 petitioner No.1 subject to the following conditions.

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5. Accordingly, petitioner No.1 is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Additional Mahila Judge, (Judicial Magistrate), Trichy, on condition that the petitioner No.1 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 said Magistrate, on further condition that:

[a] if petitioner No.1 fails to surrender before the said Magistrate within a period of fifteen days, this order shall stand automatically cancelled; [b] the petitioner No.1 shall report before the respondent police as and when required for interrogation;

[c]the petitioner No.1 shall not tamper with evidence or witness either during investigation or trial;

[d]the petitioner No.1 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 No.1 in accordance with law as if the conditions have been imposed and the petitioner No.1 released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble 3/5

Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and; [f] if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 18/12/2024 / TRUE COPY / 03/01/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TSG TO 1 THE ADDITIONAL MAHILA JUDGE (JUDICIAL MAGISTRATE), TRICHY.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3 THE INSPECTOR OF POLICE, AWPS-JEEYAPURAM POLICE STATION, TRICHY.

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

+1 CC to M/s.V.MURUGANANTHAM, Advocate ( SR-15614[I] dated 18/12/2024 ) 4/5

ORDER

IN CRL OP(MD) No.18745 of 2024 Date :18/12/2024 SA/SKN/SAR. /03.01.2025/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5