Suman v. State Rep By Its, The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20-01-2025
CORAM
THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 850 of 2025 1.SUMAN 2.SUGUMAR 3.SUBA @ SUBASINI Petitioner(s) Vs State Rep By Its, The Inspector Of Police All Women Police Station, Central, Coimbatore City. Crime No.55 Of 2024 Respondent(s) For Petitioner(s):
Mr.D.Dayalan For Respondent:
Mr.S.Santhosh Government Advocate (Crl.Side)
ORDER
Apprehending arrest in connection with Crime No.55 of 2024 registered for the offences punishable under Sections 85 and 316(2) of Bharatiya Nyaya Sanhita, 2023, the present petition has been filed seeking anticipatory bail.
2. Pleading innocence on the part of the petitioners, false implication in the case, learned counsel for the petitioners seeks indulgence of this court.
He would submit that the first petitioner is the husband and other petitioners are in-laws to the defacto complainant and that due to matrimonial dispute, a false complaint has been given. He would further submit that the petitioners are ready to abide by any stringent conditions that may be imposed by this Court.
3. The case of the prosecution as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for the grant of anticipatory bail, is that, due to matrimonial dispute, complaint has been given by the wife against the husband and in-laws. The learned counsel submits that the first petitioner who is the husband of the defacto complainant, had an affair with another lady, when it was questioned by the defacto complainant, the accused harassed and demanded dowry to the tune of Rs.10 lakhs.
4. Having heard the learned counsel for the petitioners, the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record, this court is inclined to grant anticipatory bail to the petitioners with certain conditions.
5. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or 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, Coimbatore, on condition that the petitioners shall execute a separate bond for a sum of Rs.15,000/- (Rupees Fifteen 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] if the petitioners fail to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled;
[b] the first petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of three weeks and thereafter, on every Saturday at 10.30 a.m., until further orders, petitioners two and three shall report before the respondent police everyday at 10.30 a.m., for a period of one week 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;
A.D.JAGADISH CHANDIRA , J.
dsn [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 abscond, a fresh FIR can be registered under Section 269 of B.N.S.
20.01.2025 dsn 20.01.2025