Bharani Devi v. Inspector Of Police

G.CHANDRASEKHARAN.

J.

The petitioners who apprehend arrest at the hands of the respondent police for the alleged offences under Sections 324, 498(A) of IPC read with Section 4 of Tamil Nadu Prohibition of Women Harassment Act and Section 4 of Dowry Harassment Act in Crime No.341 of 2023 on the file of the respondent police, seeks anticipatory bail.

2. The learned counsel for the petitioners submitted that, petitioners are falsely implicated in a case registered for the offence under Sections 324, 498(A) of IPC read with Section 4 of Tamil Nadu Prohibition of Women Harassment Act and Section 4 of Dowry Harassment Act in Crime No.341 of 2023.Petitioners are sisters of A1 and their husbands. In a matrimonial dispute between the defacto complainant's daughter and the 1st accused, false case has been lodged against the petitioners. A1 was arrested and released on bail. Apprehending arrest, this petition is filed.

3. In response, learned Government Advocate (Crl. Side) submitted that, investigation in this case is pending.

4. Considering the nature, facts and circumstances of the case and the A1 in this case was arrested and released and that the material part of the investigation might have been over by this time, this Court is inclined to grant anticipatory bail to the petitioners for the reason that, custodial interrogation of the petitioners is not necessary in this case.

5. Accordingly, 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 on which the order copy made ready, before the learned Judicial Magistrate No.II, Poonamallee on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 petitioners 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 1st and 3rd petitioners shall report before the respondent police as and when required for interrogation; 2nd & 4th petitioners shall report before the respondent police on everyday at 10.30 a.m., until further orders;

[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 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.

13.07.2023 sma

G.CHANDRASEKHARAN.

J.

sma 13.07.2023