Vidhyamaala Balamurugan v. Inspector Of Police

T.V.THAMILSELVI, J.

The petitioner who apprehends arrest for the alleged offence punishable under Sections 498 and 506(ii) of IPC in Crime No.452 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner has demanded dowry and harassed the defacto complainant. Hence the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution. Further he states that there is no such dowry harassment on the part of the petitioner and in order to wreck vengeance with regard to property settlement only she preferred the compliant. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) submitted that petitioner has demanded dowry and harassed the defacto

complainant. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also the submissions made by both counsel appearing on either side, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions:-

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance before the Learned XVII Metropolitan Magistrate Court at Saidapet on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two sureties(out of which one surety should be a blood related surety and should produce document to show his/her means) 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 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.

[b] the petitioner is directed to report before the respondent police on 1st and 3rd Monday of every month at 10.30 a.m., for the period of two months and thereafter as and when required for interrogation.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial. [d] the petitioner 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.

10.01.2023 jai

T.V.THAMILSELVI, J.

jai 10.01.2023