Azhagammal v. State Represented By
Crl.O.P.Nos.5710 & 5841 of 2024 C.V.KARTHIKEYAN, J.
The 1st accused has filed Crl.O.P.No.5841 of 2024 and the 2nd and 3rd accused have filed Crl.O.P.No.5710 of 2023. 2.The petitioners / A1, A2 and A3, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 420, 294(b), 506(i) of IPC r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 and Section 4 of Dowry Prohibition Act in Crime No.30 of 2023, seek anticipatory bail. 3.It is stated that there had been an engagement to marry between the defacto complainant and the 1st accused, but after the engagement, there has been a breakdown in the relationship and there were various allegations raised against each other. 1/4
4.The earlier petition seeking anticipatory bail was dismissed on 21.11.2023 in Crl.O.P.No.25890 of 2023. It is seen that some of the accused had also been granted anticipatory bail and A1 had also been attempted to commit suicide.
5.Taking all the factors into consideration and also that there has been substantial progress in the investigation, this Court is inclined to grant anticipatory bail to the petitioners with certain 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 District Mahila Court, Cuddalore, on condition that the petitioners shall execute separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each, 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 petitioners and the sureties shall affix their 2/4
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 1st accused shall report before the respondent police daily at 10.30 a.m., until further orders and the 2nd and 3rd accused shall report before the respondent weekly once i.e., on every Monday at 10.30 a.m for a period of two weeks and thereafter as and when required for the 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.
10.04.2024 smv 3/4
C.V.KARTHIKEYAN , J.
smv Crl.O.P.Nos.5710 & 5841 of 2024 10.04.2024 4/4