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Thangavel v. The Inspector of Police

Madras HC14 Jun 2024CRL OP(MD)/6680/2024

Case brief

AI extract

What is this about?

The Court granted anticipatory bail in a matrimonial dispute involving dowry harassment allegations. Noting the Police's failure to refer parties to a Social Welfare Officer as previously directed, the Court ordered release subject to specific conditions including surrender on appearance, execution of bail bond, cooperation with investigation, and restriction on tampering with witnesses.

What did the court decide?

The petitioner was granted anticipatory bail on a bond of Rs. 25,000 with two sureties, required to submit ID proofs, appear daily for two weeks, and cooperate with interrogation, subject to condition

Thangavel Vs The Inspector of Police — Matrimonial and Divorce | Madras HC (2024)

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CRL OP(MD).No.6680 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 : 14.06.2024

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PRESENT

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The Hon`ble Mr.Justice B.PUGALENDHI

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CRL OP(MD).No.6680 of 2024

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Thangavel

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... Petitioner/Accused No.1

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Versus

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The Inspector of Police, AWPS – Alangulam Police Station, Tenkasi District. Crime No.23 of 2023 ... Respondent/Complainant

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For Petitioner : Mr.M.Sankar, Advocate For Respondent : Mr.M.Sakthi Kumar 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.23 of 2023 on the file of the Respondent Police.

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ORDER : The Court made the following order :-

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The petitioner, apprehending arrest at the hands of the respondent Police, in connection with a case in Crime No.23 of 2023, for the offence under Sections 498(A),

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294(b) and 323 of IPC, has filed this petition seeking anticipatory bail.

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

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CRL OP(MD).No.6680 of 2024

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The petitioner is the husband of the defacto complainant. The case of the prosecution is that the petitioner harassed the defacto complainant by demanding more dowry.

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The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. However, this false complaint has been foisted against the petitioner. He further submitted that due to some misunderstanding, the defacto complainant left the matrimonial house and now, she is living with her parents along with her two children. Therefore, he prayed for grant of anticipatory bail to the petitioner.

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Considering the fact that it is a matrimonial dispute and also considering the submissions made by the learned counsel for the petitioner, this Court, by earlier order dated 30.04.2024, directed the respondent Police to refer the parties to the concerned Social Welfare Officer and to file a report of the Social Welfare Officer.

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Pursuant to the direction of this Court, the respondent Police ought to have informed the concerned Social Welfare Officer and arranged the parties to appear before the Social Welfare Officer. But, it appears that the respondent Police has not taken any initiative to refer the parties before the concerned Social Welfare Officer.

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Considering the attitude of the respondent Police neither taking any steps to conduct investigation in this matter nor referring the parties before the concerned https://www.mhc.tn.gov.in/judis

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CRL OP(MD).No.6680 of 2024

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Social Welfare Officer, this Court is inclined to grant anticipatory bail to the petitioner, instead of keeping this matter pending before this court and also as no purpose would be served in adjourning the matter again and again, for amicable settlement between the parties.

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Accordingly, this Criminal Original Petition is ordered and the petitioner is

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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 Judicial Magistrate on condition that

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(i) the petitioner executes a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Alangulam, Tenkasi District.

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(ii) The petitioner and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the government in proof of their residence address;

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(iii) The petitioner shall appear before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter, as and when required for interrogation. He has to co-operate for the investigation.

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(iv) The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses.

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(v) On violation of any of the above conditions by the petitioner, the respondent https://www.mhc.tn.gov.in/judis

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CRL OP(MD).No.6680 of 2024

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police shall move an application for cancellation of the anticipatory bail.

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sd/14/06/2024 / TRUE COPY /

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/06/2024

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

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OGY

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1 THE JUDICIAL MAGISTRATE, ALANGULAM, TENKASI DISTRICT.

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2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

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3 THE INSPECTOR OF POLICE, AWPS - ALANGULAM POLICE STATION, TENKASI DISTRICT.

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

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+1 CC to M/s.M.SANKAR, Advocate ( SR-6619[I] dated 18/06/2024 )

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ORDER IN CRL OP(MD) No.6680 of 2024 Date :14/06/2024

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RS/VR/SAR-(21.06.2024) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023

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

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Thangavel v. The Inspector of Police

Case brief

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Thangavel v. The Inspector of Police

Case brief

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