R. Janarthanan v. The Inspector Of Police

Crl.O.P.No.26548 of 2015 S.VAIDYANATHAN, J.

Apprehending arrest at the hands of the respondent police for alleged offences punishable under Sections 498(A) and 506(ii) IPC in Crime No.not known of 2016 on the file of the respondent police, the petitioners have come forward with this petition seeking anticipatory bail.

2. The first petitioner and the defacto complainant are husband and wife. The second and third petitioners are the parents of the first petitioner. The case of the prosecution is that the petitioners are alleged to have harassed the defacto complainant demanding dowry and threatened her with dire consequences.

3. The learned counsel for the petitioners submitted that the first petitioner as well as the defacto complainant have filed petitions for divorce in two different Courts and the same are pending. He further submitted that false complaint has been lodged against the petitioners and they have not committed any such offence.

4. The learned Government Advocate (Crl. Side) submitted that earlier this matter was referred to mediation and amicable settlement was not arrived between the parties before mediation.

5. Considering the facts and circumstances of the case and taking not of the relationship between the parties and that custodial interrogation may not be required in this case, I am inclined to grant anticipatory bail to the petitioners with the following 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

S.VAIDYANATHAN, J.

vrc date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Coimbatore, on each of them executing 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 and on further condition that: [a] the petitioners shall report before the respondent daily at 10.30 a.m. for a period of two weeks and thereafter as and when required for interrogation.

[b] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioners shall not abscond either during investigation or trial. [d] 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]. 08.06.2016 vrc Crl.O.P.No.26548 of 2015