Rajadurai v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/03/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN

¶1Rajadurai

¶2Balu

¶3Visalatchi ... Petitioners/Accused No.1 to 3 Vs State rep. by, The Inspector of Police, All Women Police Station, Theni District. Cr.No.9/2023. ... Respondent/Complainant

For Petitioners : M/s.Balakrishnan.T,

Advocate.

For Respondent : Mr.B.Thanga Aravindh,

Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 9/2023 on the file of the Respondent police. ORDER : The Court made the following order :- The petitioners/A1 to A3 who apprehend arrest at the hands of the respondent police for the offences punishable under sections 406 and 109 of I.P.C., in Crime No.19 of 2022 on the file of the respondent police, seek anticipatory bail.

¶2The case of the prosecution is that the first petitioner and the defacto complainant are husband and wife. The petitioners 2 and 3 are the parents of the first petitioner. After marriage the first petitioner was acting under the instructions of second and third petitioners. The first petitioner herein took the jewels of the defacto complainant, hence the defacto complainant went to her parents house. Thereafter she demanded the petitioners to return the jewels and other sreedhana articles. The first petitioner has returned only seven sovereigns of jewels and refused to return the balance jewels, hence the case.

¶3Heard both sides and perused the materials available on record including the First Information Report.

¶4Taking into consideration of the facts that it is a case of matrimonial dispute between the parties, this court is inclined to grant anticipatory bail to the petitioners , with certain conditions:

¶5Accordingly, 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 on which the order copy made ready, before the learned Judicial Magistrate, Additional Mahila Court, Theni District 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 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: [a] the petitioners 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. [b] the first petitioner alone shall report before the respondent police daily at 10.30 am., for a period of two weeks and thereafter as and when required for interrogation. [c] the petitioners shall not tamper with evidence or witness either during investigation or trial. [d] the petitioners shall not abscond either during investigation or trial. [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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC. sd/- 30/03/2023 / TRUE COPY / /04/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, AAV Madurai - 625 023.

TO

¶1The Judicial Magistrate, Additional Mahila Court, Theni District.

¶2Do through the Chief Judicial Magistrate, Theni District.

¶3The Inspector of Police, All Women Police Station, Theni District.

¶4The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s..BALAKRISHNAN.T, Advocate SR-5185[I] dated 30/03/2023 ORDER IN CRL OP(MD) No.5957 of 2023 Date : 30/03/2023 NA/CG/SAR-3/05.04.2023/3P/6C