Boopathi v. State Inspector Of Police

Crl.O.P.No.4331 of 2024 C.V.KARTHIKEYAN,J.

The petitioners/A2 to A5 in Crime No.1314 of 2022 registered by the respondent police for the offences punishable under Sections 498A, 494, 406,417, 294(b) and 506(2) of IPC on 05.12.2022 seek anticipatory bail.

2. The first petitioner, is the maternal grand father of A1, the second and third petitioners are the parents of A1 and the fourth petitioner is the sister of A1.

3. It is stated that the marriage between A1 and the defacto complainant took place on 10.11.2021. It is alleged by the defacto complainant that all the petitioners herein harassed her for dowry and also that the first accused, has married yet another lady necessitating including offence under Section 494 of IPC.

4. The learned counsel for the petitioners stated that there is a possibility of the first accused and the defacto complainant, coming to some understanding with respect to the disputes relating to the marital life either by joining together or by frustrating it. 1/4

5. Taking all these factors into consideration and also particularly about nature of allegations as against these petitioners, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions:

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the Additional Mahila Court, Alandur on condition that each of the petitioners shall execute separate bonds for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, 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, failing which, the petition for anticipatory bail shall stand dismissed 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 Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

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[b] the petitioners shall report before the respondent police on Saturday at 10.30 a.m., for a period of one week and thereafter 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 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 229A IPC.

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C.V.KARTHIKEYAN,J.

Vv Crl.O.P.No.4331 of 2024 27.02.2024 4/4