Allowed

Thangapandi @ Thangapandian v. The Inspector of Police

Madras HC14 Oct 2024CRL OP(MD)/10334/2024

Case brief

AI extract

What is this about?

Petitioner sought anticipatory bail in matrimonial cognizable offences including dowry harassment and cruelty under IPC and Dowry Prohibition Act. Court allowed bail subject to strict reporting conditions and surety execution.

What did the court decide?

Petitioner enlarged on anticipatory bail to execute bond within 15 days before the Judicial Magistrate, Nilakottai, subject to strict conditions.

Thangapandi @ Thangapandian Vs The Inspector of Police — Dowry and Cruelty | Madras HC (2024)

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CRL OP(MD). No.10334 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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( Criminal Jurisdiction )

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Date : 14/10/2024

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PRESENT

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The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY

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CRL OP(MD). No.10334 of 2024

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Thangapandi @ Thangapandian ... Petitioner/1^st Accused

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The Inspector of Police, All Woman Police Station Nilakottai Dindigul District. Cr No.4/2024. ... Respondent/Complainant

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For Petitioner : Mr.D.Venkatesh, Advocate. For Respondent : Mr.A.Albert James, Government Advocate (Crl.Side)

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PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS

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PRAYER :-

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For Anticipatory Bail in Crime No.4 of 2024 on the file of the respondent police.

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ORDER : The Court made the following order :-

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The petitioner/A1, who apprehends arrest at the hands of the respondent https://www.mhc.tn.gov.in/judis

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CRL OP(MD). No.10334 of 2024

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police for the offences punishable under Sections 498-A, 294(b), 342, 355, 417 and 506(i) of IPC and Section 4 of the Dowry Prohibition Act, in Crime No.4 of 2024 on the file of the respondent police, seeks anticipatory bail.

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2.The case of the prosecution is that the petitioner and her parents harassed the defacto complainant and also had beaten her.

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3.Heard. Perused the materials available on record including the First Information Report.

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4.Considering the nature of allegations in this case and that the petitioner is the husband and that after referring to mediation, no amicable resolution could be arrived at and considering the over all facts and circumstances of the case, I am inclined to enlarge the petitioner on anticipatory bail, with certain conditions:

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5.Accordingly, 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 on which the order copy made ready, before the learned Judicial Magistrate, Nilakottai, on

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condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees https://www.mhc.tn.gov.in/judis

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CRL OP(MD). No.10334 of 2024

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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 learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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 Aadhar card or Bank Pass Book to ensure their identity.

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[b] the petitioner shall report before the respondent Police, daily at 10.30 a.m., for a period of three weeks and thereafter, as and when required for interrogation.

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[c] the petitioner shall not tamper with 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

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Court is entitled to take appropriate action against the petitioner in accordance with https://www.mhc.tn.gov.in/judis

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CRL OP(MD). No.10334 of 2024

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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 229A IPC.

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sd/14/10/2024

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/ TRUE COPY /

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/10/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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SJI

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