E.Pachaiappan v. State Rep By The Inspector Of Police,Shankar Nagar Police Station,Tambaram

T.V.THAMILSELVI , J.

The petitioner who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 306 of IPC in Crime No.595 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that petitioner herein is the father in law of the deceased. The accused A1, son of the petitioner herein and the deceased/daughter of the de-facto complainant got married on 01.09.2022. Immediately after marriage, the petitioner and his family members continuously harassed and tortured the deceased by demanding huge dowry and other articles and abused her, due to which, the deceased committed suicide by hanging herself. Hence the complaint.

3. Learned counsel for the petitioner would submit that the petitioner, who is none other than the father-in-law of the deceased, and he has falsely implicated in this case by the de-facto complaint in order to wreck vengeance for the death his daughter. He further submitted that,

the accused A1/husband of the deceased was already granted bail by the lower Court, vide order dated 16.02.2023 made in Crl.M.P.No.854 of 2023. Hence, he prayed for grant of anticipatory bail to the petitioner.

4. Learned Government Advocate (Crl.side) appearing for the respondent would submit that due to family dispute and the continuous harassment of the petitioner and his family members by demanding huge dowry, the de-facto complainant's daughter/daughter in law of petitioner herein committed suicide by hanging herself. He further submitted that, the enquiry of the Revenue Divisional Officer is completed. However, he vehemently opposed for grant of anticipatory bail to the petitioner.

5. Heard the learned counsel for the petitioner as well as the learned Government Advocate (crl.side) for the respondent and perused the entire materials available on record.

6. Taking into consideration the facts of the case and also the fact

that the co-accused was already enlarged on bail and the RDO enquiry is completed, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7. 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 the date on which the order copy made ready, before the learned District Munsif cum Judicial Court, Pallavaram, 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, failing which, the petition for anticipatory bail shall stand dismissed 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 Magistrate 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 as and when required for interrogation.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial; T.V.THAMILSELVI , J.

skt [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 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;

24.02.2023 skt