Allowed

Sagadevan v. The Inspector of Police

Madras HC5 Aug 2021CRL OP(MD)/4738/2021

Case brief

AI extract

What is this about?

The Madras High Court considered a petition for anticipatory bail filed by three accused persons facing charges of cruelty under Sections 323, 494, and 498(A) IPC. The court granted bail subject to strict conditions including daily reporting, executing a bond, and refraining from tampering with evidence.

What did the court decide?

Anticipatory bail granted subject to executing a bond, daily reporting by the first petitioner, and compliance with conditions prohibiting tampering with evidence or absconding.

Sagadevan Vs The Inspector of Police — Domestic Violence | Madras HC (2021)

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CRL OP(MD). No.4738 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )

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Date : 05/08/2021

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PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD). No.4738 of 2021

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Sagadevan, 2. Kannathasan, 3. Tamilselvan, ... Petitioners/Accused Nos.1 to 3

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Vs State Rep by The Inspector of Police, All Women Police Station, Thiruvaiyaru, Thanjavur District. Crime No. 8 of 2020 ... Respondent/Complainant

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For Petitioners : M/s.Arunraj.K., Advocate. For Respondent : Mr.T.Senthilkumar, Government Advocate (Crl.Side)

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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 Crime No. 8 of 2020 on the file of the respondent police

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ORDER : The Court made the following order :-

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The petitioners/A1 to A3, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 323, 494 and 498(A)I.P.C in Crime No.8 of 2020 on the file of the respondent police, seek anticipatory b ail.

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2.The case of the prosecution is that the first petitioner is the husband and the other petitioners are in-laws of the defacto complainant. The petitioners caused cruelty against the defacto https://hcservices.ecourts.gov.in/hcservices/ complainant. Hence, the complaint.

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CRL OP(MD). No.4738 of 2021

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3.The learned counsel for the petitioners would submit that the petitioners are innocents, they have not committed any offence as alleged by the prosecution, but they have been falsely implicated in this case.

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4.The learned Government Advocate (Crl.Side) appearing for the respondent police, on instructions, would submit that the marriage between the first petitioner and the defacto complainant was solemnized in the year 2017, out of misunderstanding, the defacto complainant is living separately and she filed an application for maintenance in the year 2018 and another D.V.C. Proceedings in the year 2019 and the present complaint was lodged in the year 2020.

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5.Taking into consideration of the facts and circumstances of the case and the fact that it is a matrimonial dispute, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Thiruvaiyaru, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) each 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 petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity;

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(b)the first petitioner shall report before the respondent police daily at 10.30 a.m until further orders. The petitioners 2 and 3 shall report before the respondent police as and when required for interrogation.

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(c)the petitioners shall not tamper with the evidence or witness either during investigation or trial;

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(d)the petitioners 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 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]; and;

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(f)if the accused/ petitioners thereafter absconds, a fresh FIR https://hcservices.ecourts.gov.in/hcservices/ can be registered under Section 229-A IPC.

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CRL OP(MD). No.4738 of 2021

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6.The respondent police shall take steps for possibility of reunion among the parties by referring the matter to the social welfare or by conducting a mediation between the parties.

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sd/05/08/2021 / TRUE COPY /

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/ /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. MSA

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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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1 THE JUDICIAL MAGISTRATE THIRUVAIYARU 2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THANJORE AT KUMBAKONAM

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3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THIRUVAIYARU, THANJAVUR DISTRICT

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

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ORDER IN CRL OP(MD) No.4738 of 2021 Date :05/08/2021 PKP/PN/SAR-3/23.08.2021/3P/5C

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

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Sagadevan v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

Sagadevan v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

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