Chandhiran.C v. State Of Tamil Nadu Rep By The Inspector Of Police

Crl.O.P.No.2795 of 2023 T.V.THAMILSELVI, J.

The petitioners, who apprehends arrest for the alleged offence under Sections 498(A), 494 of I.P.C r/w Section 4 of DP Act in Crime no.1 of 2023 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the defacto complainant married the A1 in this case. A2 to A4/ first, and third petitioners are in-laws of the defacto complainant and A5,A6,A7 and A8/fourth,fifth,sixth and seventh petitioners are relatives of A1. The further case of the prosecution is that A1 demand dowry from the defacto complainant and harassed her, that apart he has illegal intimacy with another women, due to which she has filed a H.M.O.P and maintenance petitioner. Hence the case. 3.The learned counsel appearing for the petitioners would submit that there was some matrimonial dispute between A1 and the defacto complainant them, that apart the petitioners are no way connected with the

alleged offence and they have been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioners. 4.The learned Government Advocate (Crl.Side) appearing for the respondent submitted that A1 and the petitioners herein harassed the defacto complainant by demanding dowry and driven her from matrimonial home. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case and the fact that only to land dispute, the petitioners are only-in-laws and relatives of the defacto complainant, this Court is inclined to grant anticipatory bail to the petitioners.

6.Accordingly, the petitioners are ordered to be released on anticipatory 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 Judicial Magistrate Arakkonam, Ranipet District on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each 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 and on further condition that:

(a)the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b) the petitioners shall report before the respondent police 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;

(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 anticipatory 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]; and;

T.V.THAMILSELVI, J.

smn (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

08.02.2023 smn Crl.O.P.No.2795 of 2023