Natarajan v. State Rep.By
Crl.O.P.No.7490 of 2024 C.V.KARTHIKEYAN , J.
The petitioners /7th and 8th accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 420 and 506(i) of Indian Penal Code read with Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 in Crime No. 27 of 2023, seek anticipatory bail.
2. It is stated that the defacto complainant and the first accused, who is a close relative of the present petitioners had a continuous relationship for about nearly 10 years and more. Finally, the marriage was fixed on 11.09.2023. The hall was fixed and the invitations were printed and distributed and thereafter, it is alleged that the petitioners herein were also demanded dowry by demanding vehicle and 50 sovereigns of gold. It is also stated that the mother of the defacto complainant stated that she would be able to arrange about Rs.30/- lakhs and also settle her house but still the demand of gold remain. It was under those circumstances, a complaint had been lodged leading to registration of the First Information Report. 1/5
3. Earlier application seeking anticipatory bail was dismissed on 05.10.2023 in Criminal O.P.No.22225 of 2023. The change in circumstance is that this Court had granted anticipatory bail for A3, A4, A2, A5 and A8 by order dated 12.02.2024. In view of that particular fact, this Court is inclined to grant anticipatory bail to the petitioners, but however, directing the each one of petitioners to deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only) as non-refundable deposit to the credit of Crime No.27 of 2023, before the Judicial Magistrate, Ambathur. The said amount may be handed over by the Judicial Magistrate, Ambathur to the defacto complainant.
4. 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 learned Judicial Magistrate, Ambathur, on condition that the petitioners shall execute a separate 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 2/5
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.
[b] the petitioners shall report before the respondent police once a week i.e., every Saturday at 10.30 a.m., for a period of four weeks 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 3/5
Section 229A IPC.
04.04.2024 Maya 4/5
C.V.KARTHIKEYAN, J.
Maya Crl.O.P.No.7490 of 2024 04.04.2024 5/5