Allowed

Arunkumar v. the Inspector of Police

Madras HC14 Dec 2023CRL OP(MD)/15415/2023

Case brief

AI extract

What is this about?

In this anticipatory bail petition, the Madurai Bench of the Madras High Court granted bail to arrest petitioners accused of dowry harassment and criminal breach of trust. The court emphasized the accused's community roots and temporary nature of the offence.

What did the court decide?

Anticipatory bail granted subject to executing a personal bond of Rs 10,000 and complying with reporting and conduct conditions.

Arunkumar Vs the Inspector of Police — Dowry and Cruelty | Madras HC (2023)

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CRL OP(MD)No.15415 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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( Criminal Jurisdiction )

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Date : 14.12.2023

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PRESENT

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The Hon`ble MR JUSTICE V.SIVAGNANAM

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CRL OP(MD)No.15415 of 2023

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1.Arunkumar 2.Velanganni ... Petitioners/Accused Rank Not known Vs

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1.The Inspector of Police, All Women Police Station, Thoothukudi, Thoothukudi District. (*)(CR.No.29 of 2023) ....Respondent/Complainant 2.Shenthoorkani ... 2^nd Respondent (R2 is suo motu impleaded as per order of the Court dated 24.08.2023 in Crl.O.P.(MD)No.15415 of 2023)

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For Petitioners : Mr.T.Indrachithu,Advocate For R1 : Mr.R.Suresh Kumar, Government Advocate(Crl.side) For R2 : Mr.R.Ilayaraja,Advocate

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https://www.mhc.tn.gov.in/judis

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CRL OP(MD)No.15415 of 2023

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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.29 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :-

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The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections (*)498(A), 406 IPC in Crime No.29 of 2023, seek anticipatory bail.

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2.The case of the prosecution is that the defacto complainant is the wife of the first petitioner herein. After marriage, the accused persons harassed the defacto complainant by demanding additional dowry. Hence the case.

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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. Hence, he seeks anticipatory bail.

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4.The learned Government Advocate(Crl.side) appearing for the respondent police would submit that the investigation is pending.

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https://www.mhc.tn.gov.in/judis

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CRL OP(MD)No.15415 of 2023

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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 Ramanathapuram 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.

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6.In view of the above, this Court is inclined to grant anticipatory bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date https://www.mhc.tn.gov.in/judis

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CRL OP(MD)No.15415 of 2023

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on which the order copy made ready, before the learned Judicial Magistrate No.I, Thoothukudi, Thoothukudi District 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 :

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[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.

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[b] the petitioners shall report before the trial Court on summons.

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[c] the petitioners shall not tamper with 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 https://www.mhc.tn.gov.in/judis

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CRL OP(MD)No.15415 of 2023