Kaadhar Meeran v. The Inspector Of Police

T.V.THAMILSELVI, J.

The petitioner, who apprehends arrest for the alleged offence under Section 147, 294(b), 323, 324, 506 (ii) of IPC in Cr.No.Not known of 2023 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that there was some family dispute between the petitioner and the defacto complainant with regard to dowry, due to which there was wordy quarrel between the petitioner's family and the defacto complainant's family. Hence the case. 3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that due to family dispute, the defacto complainant and his family members were attacked the petitioner and his family members. Hence, he prays to grant anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl. side) submits that there

was some family dispute between the petitioner and the defacto complainant with regard to dowry, due to which there was wordy quarrel between the petitioner's family and the defacto complainant's family. He further submitted that there was a case and case in counter filed in Crime No.32 of 2023. He also submitted that the parties was called for Jamath. However, he opposed for granting anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and the stage of investigation, this Court is inclined to grant anticipatory bail to the petitioner.

6. Accordingly, the petitioner is 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 VII Metropolitan Magistrate Court, George Town, 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 arrest or to the satisfaction of the learned Magistrate concerned and on

further condition that:

(a)the petitioner 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 petitioner shall report before the respondent police on every Saturday at 10.30 a.m. for a period of four weeks, thereafter as and when required for interrogation; (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 anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs.

T.V.THAMILSELVI, J.

jai/nti State of Kerala [(2005) AIR SCW 5560]; and;

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

14.02.2023 jai/nti