Devi v. State Represented By The

V.LAKSHMINARAYANAN, J.

The petitioners who apprehend arrest for the alleged offence punishable under Sections 498(A) I.P.C., in Crime No.20 of 2023 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the petitioners are the sister in law and her husband. The petitioners along with their family members have harassed the defacto complainant and demanded dowry. Hence, the law enforcing agency registered a case against the petitioners. 3.Learned counsel appearing for the petitioners submits that the petitioners are the sister-in-law and her husband, due to matrimonial dispute, the defacto complainant had included their names also in the complaint. Accordingly, prays for grant of anticipatory bail to the petitioners.

4.Learned Government Advocate (Crl side) submits that the 1st petitioner is the sister in law of the defacto complainant and the 2nd

petitioner is her husband. The petitioners along with the other family members have demanded more dowry and harassed the defacto complainant. Hence, he vehemently oppose for the grant of anticipatory bail to the petitioners.

5.Considering the fact that the petitioners are only in-laws of the defacto complainant, this Court is inclined to grant anticipatory bail to the petitioners.

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 date of receipt of a copy of this order, before the Judicial Magistrate Magila Court, Dharmapuri, on condition that the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each, 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 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 1st petitioner shall report before the respondent police as and when required for interrogation. The 2nd petitioner shall report before the respondent police everyday at 10.30 a.m. for a period of four (4) 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

V.LAKSHMINARAYANAN, J.

kas 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]; and;

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

26.05.2023 kas