Manivannan v. State Rep By

Dr.G.JAYACHANDRAN,J.

The petitioners, who apprehend arrest for the alleged offences under Sections 498(A), 294(b) & 506(i) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 in Crime No.5 of 2022, on the file of the respondent police, seek anticipatory bail.

2. The petitioners are in-Laws of the defacto complainant. The complaint regarding dowry harassment. The petitioners herein submits that they are innocent and they have never demanded any dowry from the defacto complainant.

3. The case, where the investigation to afford an opportunity to the petitioners is required and if the petitioners are willing to cooperate with the investigation, there is no need to arrest them. Therefore, in the light of the complaint against them, this Court is inclined to grant anticipatory bail to the petitioners subject to certain conditions. 1/4

4.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of seven days from the date of receipt of a copy of this order, before the Learned Judicial Magistrate No.I, Thiruvallur on condition that each of the petitioners shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty 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 and on further condition that:

(a) if the petitioners failed to surrender before the concerned Magistrate within a period of 7 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(b)the petitioners and the sureties shall affix his 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;

(c)the petitioners shall not tamper with evidence or witness either during investigation or trial; (d)the petitioners shall report before the Investigating Officer daily at 10.00 am, until further orders;

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(e)the petitioners shall not abscond either during investigation or trial;

(f) 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 has 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]; and;

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

14.03.2022 rpl/mpl 3/4

Dr.G.JAYACHANDRAN,J.

rpl/mpl 14.03.2022 4/4