K. Raja v. The Inspector Of Police

C.V.KARTHIKEYAN , J.

It is stated that the 1st accused had been remanded to custody and subsequently, had been released on bail. Accordingly, this Criminal Original Petition seeking anticipatory bail stands dismissed insofar as the 1st Petitioner is concerned.

2. The learned Government Advocate (Criminal Side) stated that the 2nd, 3rd and 4th Petitioners are mother and aunt and uncle of the 1st Petitioner/A1. It is stated that the marriage between the 1st Petitioner and the defacto complainant took place on 24.02.2021. It is stated that it had been falsely stated to the defacto complainant that the 1st Petitioner was an IAS officer working in the Central Government at Raj Bhavan in Chennai.

3. But however, it was found that the statement was a false statement. Thereafter, there had been continuous demands for dowry and it is also complained that the accused had beaten the defacto complainant. All 1/5

this necessitated the defacto complainant to lodge a complaint and a First Information Report was registered by the respondent police in Crime No.8 of 2024 for the offences under Sections 468, 471, 472, 406, 420 and 498A IPC.

4. As stated earlier, the 1st Petitioner/A1 had been remanded to custody and subsequently, had been released. It is stated that the defacto complainant has now filed a petition in FCOP No.92 of 2024 which is now pending before the Family Court at Namakkal. She has sought for divorce and dissolution of marriage with the accused A1/1st Petitioner herein.

5. Taking that factor into consideration and all the other surrounding factors, this Court is inclined to grant anticipatory bail to the 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 Judicial Magistrate No.II, Namakkal, on condition that the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who 2/5

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 and 4th petitioners shall report before the respondent police once in a week i.e., on every Saturday at 10.30 a.m. for a period of one week and thereafter, 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 by the learned Magistrate/Trial Court himself as laid down by the 3/5

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.

6. Accordingly, this Criminal Original Petition stands dismissed as against the 1st Petitioner herein and stands allowed as against the 2nd, 3rd and 4th Petitioners herein.

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C.V.KARTHIKEYAN , J.

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