R.Harikrishnan v. Police Department
A.D.JAGADISH CHANDIRA, J.
The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 498(A), 294(b), 323, 324, 506(i) of IPC and section 4 of Tamilnadu Protection of Women Harassment Act in Crime No.4 of 2023, seek anticipatory bail.
2. The case of the prosecution as per the defacto complainant Shalini is that she got married to the first accused and after the marriage, the first accused along with his father and mother demanded additional dowry and abused her with filthy language and attacked her and threatened her with dire consequences and also driven her out of the matrimonial home. Hence, the complaint.
3. The learned counsel for the petitioners would submit that the petitioners are none other than the father and mother of A1. He would submit that due to matrimonial dispute, a false complaint has been given. He would submit that the defacto complainant had left the matrimonial
home leaving the children and she has given a false complaint, as if, the petitioners along with their sons assaulted her. He would submit that A1 was arrested and he has been enlarged on bail. Hence, he prays to grant anticipatory bail to the petitioners.
4. The learned Government Advocate(Crl.Side) appearing for the respondent would submit that the defacto complainant got married to the first accused. After the marriage, the petitioners along with first accused had demanded additional dowry to the defacto complainant and abused her with filthy language and attacked her and threatened her with dire consequences. Hence, he opposed to grant anticipatory bail to the petitioners.
5.Heard the learned counsel for the petitioners 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 and circumstances of the case and that submissions made by the learned counsel, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 7.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, Arakkonam, Ranipet District, on condition that each of 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 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.
A.D.JAGADISH CHANDIRA, J.
mpa [b] the petitioners shall report before the respondent police everyday at 10.30 a.m., for a period of two 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 Section 229A IPC.
13.04.2023 mpa