Srinath Gopal Krishna v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.01.2025

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Srinath Gopal Krishna S/o. Shanmuga Gopala Krishna No.252, Road No. 78 Near Central Bank Jubilee Hills, Hyderabad Telangana 500 033 Petitioner(s) Vs Inspector of Police W-7, All Women Police Station Anna Nagar Chennai 600 040 Respondent(s) For Petitioner(s):

Mr.J.Shivanandar Raj, Senior Advocate for Mr.Adith Narayan Vijayaraghavan Krishna Meyyamma Ajith Kumar Pugazhenth Documents Filed For Respondent(s):

S.Santhosh Government Advocate (criminal Side),madras High Court.

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O R D E R

Apprehending arrest in connection with Crime No.54 of 2024 registered for the offences punishable under Sections 323, 498 (A) and 506

(1) of I.P.C, the present petition has been filed seeking anticipatory bail.

2. The learned Senior counsel appearing for the petitioner submitted that due to matrimonial dispute, a false complaint has been lodged and the FIR was registered after two months from the date of complaint. The petitioner has filed the Divorce petition before the District cum Sessions Family Court at Kuttapally, Ranga Reddy District, Telangana bearing F.C.O.P.No.348 of 2023. Learned counsel further submitted that the petitioner is an innocent and he has been falsely implicated in this case. He also submits that the petitioner has no previous case against him. He further submits that the petitioner is ready to abide by any stringent condition that may be imposed by this Court.

3.The case of the prosecution as putforth by the learned Government Page No.2 of 5

Advocate (Crl. Side) appearing for the respondent Police, opposing for grant of anticipatory bail, is that the petitioner is the husband of the defacto complainant. After marriage, the defacto complainant was subjected to dowry - related torture and harassment by the petitioner and his family members. The parents of the petitioner demanded a dowry of 300 sovereigns of gold and a Benz car. He also submits that there is no previous cases pending against the petitioner.

4.Having heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent Police and perused the materials available on record, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions and accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned Additional Mahila Court, Egmore, Chennai on condition that the petitioner shall execute a 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 intends to Page No.3 of 5

arrest or to the satisfaction of the said Magistrate, on further condition that: [a] if the petitioner fail to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled;

[b] the petitioner shall report before the respondent Police daily at 6.30 p.m for a period of one week and thereafter on every Saturday at 6.30 p.m., until further orders; [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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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 269 of BNS.

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av A.D.JAGADISH CHANDIRA , J.

av 30.01.2025 Page No.5 of 5