Sathish Kumar v. The Inspector Of Police

CRL.O.P.No.12302 of 2016 S.VAIDYANATHAN, J.

Apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 498(A) of IPC r/w.4 of Dowry Prohibition Act in Crime No.09 of 2016 on the file of the respondent police, the petitioner has come forward with this petition seeking anticipatory bail.

2. The petitioner is the husband of the defacto complainant. The marriage of the petitioner and the defacto complainant took place on 17.01.2013. The case of the prosecution is that petitioners are alleged to have harassed the defacto complainant demanding dowry and drove her out from the matrimonial home.

3. The learned counsel for the petitioner submitted that the petitioner has not committed any such offence and the defacto complainant has lodged false complaint against the petitioner.

4. The learned Government Advocate (Crl. Side) opposed to grant anticipatory bail to the petitioner on the ground that investigation is pending in this case.

5. Considering the facts and circumstances of the case and taking note of the fact that custodial interrogation may not be required in this case, this Court is inclined to grant anticipatory bail to the petitioner with the following conditions.

6. 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

S.VAIDYANATHAN, J.

vrc the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Villupuram, on his executing a bond for a sum of Rs.10,000/- (Rupees ten Thousand Only) with two sureties each for a like sum to the 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 conditions that:

[a] the petitioner shall appear before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter as and when required for interrogation.

[b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioner shall not abscond either during investigation or trial.

[d] 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].

17.06.2016 vrc CRL.O.P.No.12302 of 2016