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Madras High CourtCRL OP/11403/2024granted

Varunkumar v. The State Rep By

2024-05-09Honourable Mr Justice K.Kumaresh Babu4 pages

K.KUMARESH BABU , J.

The petitioner herein seeks anticipatory bail in Crime No.12 of 2024 registered by the respondent Police for the offence under Sections 498(A), 294(b), 323, 506(i) of IPC and Section 4 of the Dowry Prohibition Act and Section 4 of the Women Harassment Act.

2. The case of the prosecution is that, the petitioner is the husband of the defacto complainant. It is alleged that, petitioner along with his family members demanded dowry and also threatened her. Hence, the case.

3. The learned counsel for the petitioner submitted that, the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he seeks grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) submitted that, the petitioner along with his family members demanded dowry from the defacto complainant and also threatened her. Hence, he opposed for grant of anticipatory bail to the petitioner.

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5. Taking into consideration the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.II, Tambaram, on condition that the petitioner 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 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 petitioner 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 petitioner shall report before the 2/4

respondent Police, daily at 10.30 a.m., for a period of six weeks.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial; [d] the petitioner 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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; 09.05.2024 Sma K.KUMARESH BABU , J.

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