Arunkumar v. Inspector Of Police
C.V.KARTHIKEYAN , J.
The learned counsel for the Petitioners states that he would withdraw this Criminal Original Petition as against the Accused A1/1st Petitioner herein. He has also made an endorsement in the bundle which is as follows :
"Withdraw the petition pertaining to 1st Petitioner alone with the permission of your lordship."
2. In view of the above submission made by the learned counsel for the Petitioners, this Criminal Original Petition stands dismissed as withdrawn as against the 1st Petitioner herein.
3. The Petitioners seek anticipatory bail in Crime No.15 of 2023 registered by the respondent police for the offences under Sections 498(A) and 294(b) IPC read with Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002.
1/5
4. It is stated that the marriage between the 1st Petitioner and the defacto complainant took place on 04.12.2022. It is stated that, at the time of marriage, the defacto complainant had brought eleven sovereigns of gold but there was continuous demands for dowry. It is also alleged that the 1st Petitioner had illegal intimacy with yet another lady.
5. It is stated by the learned Government Advocate (Criminal Side) that the investigation has been completed but charge sheet had not been filed. It is stated that the 2nd, 3rd, 4th and 5th petitioners are parents of A1 and inlaws of the defacto complainant.
6. But taking into consideration all the facts, this Court is inclined to grant anticipatory bail to the 2nd, 3rd, 4th and 5th Petitioners subject to the following conditions. Accordingly, 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 Additional Mahila Court, Vellore, on condition that the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand 2/5
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 conditions 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 2nd, 3rd, 4th and 5th petitioners shall report before the respondent police as and when required for the 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 3/5
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.
7. Accordingly, this Criminal Original Petition stands dismissed as withdrawn as against the 1st Petitioner herein and stands allowed as against the 2nd, 3rd, 4th and 5th Petitioners herein. 22.03.2024 mkn2 4/5
C.V.KARTHIKEYAN , J.
mkn2 22.03.2024 5/5