Umamaheswaran And 3 Others v. State Rep

T.V.THAMILSELVI,J.

The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 498, 323, 294(b), 506(1) of IPC in Crime No.4 of 2024, seek anticipatory bail.

2. The case of the prosecution is that due to family dispute de-facto complainant left the matrimonial home and was living with her family house and was reunited with her family again. The petitioners demanded dowry and made harassment against the de-facto complainant. Hence, the complaint.

3. Learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He further submits that the petitioners are ready to abide by any conditions that may be imposed on the petitioners. He further submits that 2nd and 3rd petitioners are more than 65 years of age. Therefore, he prays to grant anticipatory bail to the petitioners.

4. Learned Government Advocate (Crl.Side) appearing for the respondent submitted that within short time de-facto complainant was separated from her matrimonial home. He further submits that after complaint made by the de-facto complainant FIR has been registered. Hence, he vehemently opposed for the grant of anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case and the submission made by both side counsels, and also investigation is almost completed, this Court is inclined to grant anticipatory bail to the petitioners 2 to 4 and in so far as first petitioner is concerned petition is dismissed

7. Accordingly, the petitioners 2 to 4 are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen

(15) days from the date of receipt of a copy of this order before the XIII Metropolitan Magistrate Court at Egmore, Chennai, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each, with two sureties, 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 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 second petitioner shall report before the respondent police on every Wednesday at 10.30 a.m, until further orders;

[c] the third and foruth petitioner shall appear before the respondent police as and when required for interrogation;

[d] the petitioners shall not tamper with evidence or witness either during investigation or trial; [e] the petitioners shall not abscond either during investigation or trial;

[f] 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 T.V.THAMILSELVI, J.

dsn conditions has been imposed and the petitioner is 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]; and;

[g] if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC;

04.06.2024 dsn