Lingaraj Prabha v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty First day of December Two Thousand Fifteen PRESENT The Hon`ble Mr Justice S.VAIDYANATHAN CRL OP(MD) No.24374 of 2015 LINGARAJ PRABHA ... PETITIONER/ACCUSED NO.4 Vs STATE REP BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, SATTUR,VIRUDHUNAGAR DISTRICT, (CRIME NO.10/2015) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S M.SUBASH BABU Advocate For Respondent : M/S.K.ANBARASAN,Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/A4, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 498(A), 406 of IPC and Section 4 of Dowry Prohibition Act, in Crime No.10 of 2015, on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that the de-facto complainant was ill-treated by the petitioner and demanded dowry from her.
3. It is submitted by the learned counsel for the petitioner that the petitioner is the sister-in-law of the defacto complainant and she has nothing to do with the alleged offence and she has been falsely implicated in this case.
4. It is represented by the learned Government Advocate (Crl.Side) that the petitioner has not complied with the condition imposed by this Court, dated 05.11.2015, in Crl.O.P.(MD) No.21249 of 2015.
5. Considering the fact that this Court already granted anticipatory bail to the petitioner in Crl.O.P.(MD)o.21249 of 2015, dated 05.11.2015, I am inclined to grant anticipatory bail to the petitioner. 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 of receipt of a copy of this order, before the learned Judicial Magistrate No.1, Sattur, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- https://hcservices.ecourts.gov.in/hcservices/
(Rupees 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 and on further condition that:
[a] the petitioner shall report before the respondent police as and when required for interrogation.
[b] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[c] the petitioner shall not abscond either during investigation or trial.
[d] 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]. 6.The Inspector of Police concerned is directed to send compliance report to the office of the learned Additional Public Prosecutor whether the petitioner is complying with the order or not.
7. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.
sd/- 21/12/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE JUDICIAL MAGISTRATE NO.1, SATTUR 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, SATTUR, VIRUDHUNAGAR DISTRICT, +1. CC to M/S M.SUBASH BABU Advocate SR.No.76234 RL/6C/AAL/MPA/SARI/23/12/2015
ORDER
IN CRL OP(MD) No.24374 of 2015 Date :21/12/2015 https://hcservices.ecourts.gov.in/hcservices/