Allowed

Arunkumar v. The Inspector of Police

Madras HC28 Sept 2021CRL OP(MD)/11592/2021

Case brief

AI extract

What is this about?

The Madras High Court allowed a petition for anticipatory bail under Section 438 CrPC, ordering the petitioner's release upon compliance with bond conditions and undertaking a report within 15 days for offences related to alleged dowry demand and cruelty.

What did the court decide?

Petitioner granted anticipatory bail; ordered to be released on bail on execution of bond Rs.25,000 with two sureties and compliance with conditions to report within 15 days.

Arunkumar Vs The Inspector of Police — Dowry and Cruelty | Madras HC (2021)

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CRL OP(MD). No.11592 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/09/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD). No.11592 of 2021 Arunkumar, ... Petitioner/Accused No.I Vs STATE REP BY The Inspector of Police, All Women Police Station, Jeeyapuram, Trichy District (In Cr.No.20/2021). ... Respondent/Complainant

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For Petitioner : M/s.Pitchaimuthu.M, Advocate. For Respondent : Mr.T.Senthil Kumar, Additional Public Prosecutor,

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PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C

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PRAYER :-

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For Anticipatory Bail in Cr.No.20 of 2021 on the file of the respondent Police

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ORDER : The Court made the following order :-

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The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 498(A), 294(b) and 323 of IPC, Section 4 of Dowry Prohibition Act, 1961 in Crime No.20 of 2021, seeks anticipatory bail.

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2.The case of the prosecution is that the marriage was solemnized between the petitioner and the defacto complainant in the year 2019. After the marriage, the petitioner and his parents said to have demanded dowry from the defacto complainant and abused her in filthy language. Hence, the complaint.

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3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case.

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Heard, the learned Government Advocate(Crl.side) appearing for the respondent police.

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https://hcservices.ecourts.gov.in/hcservices/

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CRL OP(MD). No.11592 of 2021

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Considering the facts and circumstances of the case, the nature of allegation levelled against the petitioner and also the fact that it is a matrimonial dispute, this Court is inclined to grant anticipatory bail to the petitioner.

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6.Accordingly, this criminal original petition is allowed and 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 of receipt of a copy of this order, before the learned Additional Mahila Court, Trichy, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that:

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[a] the 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 Aadhaar card or bank pass book to ensure their identity.

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[b] the petitioner shall report before respondent police as and when required.

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

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[d] the petitioner shall not abscond either during investigation or trial.

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[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].

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

sd/-

28/09/2021

/ TRUE COPY /

/ /2021

Sub-Assistant Registrar (C.S.)

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Madurai Bench of Madras High Court,

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Madurai - 625 023.

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ssb

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Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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CRL OP(MD). No.11592 of 2021

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