M.S.Jegan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/12/2023 PRESENT The Hon`ble Mr.Justice V.SIVAGNANAM

1. M.S.Jegan,

2. Subramaniyan,

3. Devi,

4. Samidurai, ... Petitioners 1 to 4/Rank Not Known Vs The Inspector of Police, All Women Police Station, Kulithalai, Karur District.

Crime No.Not Known of 2023.

... Respondent/Complainant For Petitioners : Mr.VISHNU V., Advocate.

For Respondent : Mr.RMS.SETHURAMAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.Not Known of 2023 on the file of the Respondent Police.

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ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 498(A), 294(b) and 506(ii) of IPC in Crime No. Not Known of 2023, seek anticipatory bail.

2.The case of the prosecution is that the first petitioner and the defacto complainant are the husband and wife. The petitioners 2 & 3 are the parents and the fourth petitioner is the brother of the first petitioner. The first petitioner and the defacto complainant loved each other and with the consent of both the families, marriage was solemnized on 11.07.2014. Thereafter, the first petitioner along with the other petitioners harassed the defacto complainant by demanding additional dowry and money. Hence, the case.

3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He would further submit that on 22.03.2023, the defacto complainant lodged a complaint against the petitioners on the same cause of action and it was compromised at the instance of elders. Now, this is a second complaint. The matrimonial dispute between the husband and wife is a usual one. Hence, he seeks anticipatory bail.

4.The learned Additional Public Prosecutor appearing for the respondent police 2/5

would submit that it is a matrimonial dispute between the parties. The case was in CSR stage and no previous case is pending against the petitioners. 5.Considering the nature of allegations levelled as against the petitioners and taking into consideration the principles stated by the Honourable Supreme Court in Gurubaksh Singh Sibbia Etc., vs. State of Punjab reported in 1980 AIR 1632 and Lal Kamlendra Pratap Singh vs. State of Uttar Pradesh and others reported in (2009)4 SCC 437 and Joginder Kumar vs. State of U.P. and others reported in (1994)4 SCC 260 and taking into consideration the origin of crime, it is seen that the offence alleged as against the petitioners is not a case of heinous crime. Further the petitioners are having permanent residence at Karur District. Hence the principles stated in Hussainara Khatoon & Ors vs.

Home Secretary, State Of Bihar reported in AIR 1979 SC 1360 is taken into consideration. In that case, the Hon'ble Supreme Court has cautioned that pre-trial detention is not be encouraged nor is to be encourageable pre-trial release on sureties; that if the Court is satisfied after taking into consideration that the accused has his roots in the community and is not likely to abscond, he can safely be released on his personal bond. 6.In view of the above, this Court is inclined to grant anticipatory bail to the petitioners.

on which the order copy made ready, before the Judicial Magistrate Court No.I, Kulithalai. on condition that the petitioners shall execute a own bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) 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 shall affix his photograph 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 trial Court on 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 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]. 4/5

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 12/12/2023 / TRUE COPY / /12/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS TO 1 THE JUDICIAL MAGISTRATE NO.I, KULITHALAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT.

3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KULITHALAI, KARUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.22384 of 2023 Date :12/12/2023 SA/VR/SAR. /28.12.2023/5P/C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5