Sasikala And 2 Others v. The Inspector Of Police

T.V.THAMILSELVI, J.

The petitioners, who apprehend arrest for the alleged offences punishable under Sections 294(B), 498(A), and 506(ii) of IPC r/w Section 4 of Woman Harassment Act in Crime No.5 of 2024 on the file of the respondent/police, seeks anticipatory bail.

2.It is the case of the prosecution that the defacto complainant had lodged a complaint stating that the defacto complainant and one Parthasarathy who is A1 loved each other and married. Subsequently A1 and his family members demanded dowry from the defacto complainant and also scolded her in filthy language and threatened the defacto complainant with dire consequences. Hence the complaint.

3.The learned counsel appearing for the petitioners would submit that they are innocents and not committed any offence as alleged by the respondent police. They have been falsely implicated in this case. Other accused submitted that they have not interferred with the life of A1 and the defacto complainant. They are ready to abide by any stringent conditions thay may be 1/5

imposed by this Court. Hence he prays to grant anticipatory bail to the petitioners.

4.The learned Government Advocate (Crl. Side) vehemently opposed for grant of anticipatory bail to the petitioners. When the matter was posted before the Mediation the defacto complainant not appeared. Investigation almost completed.

5.Heard the learned counsel for the petitioners, and the learned Government Advocate (Crl.Side) and perused the materials available on record. 6.Taking into consideration the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners. 7.Accordingly, the petitioners are directed 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 No.I, Kancheepuram, on condition that the petitioners 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 2/5

officer, who intends to arrest the petitioners, 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 Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (b) the petitioners shall appear before the respondent police as and when required;

(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 Judge himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

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14.06.2024 ah T.V.THAMILSELVI, J.

ah Crl.OP.No.8770 of 2024 4/5

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