K Dhanasekaran v. State Rep

Crl.O.P.No.14535 of 2024 T.V.THAMILSELVI, J.

The petitioners apprehend arrest for the alleged offence under Sections 498(A) and 506(1) of IPC in Crime No.22 of 2024, on the file of the respondent police seek anticipatory bail.

2.

The case of the prosecution is that the petitioners, who are the in-laws of the defacto complainant colluded with their son abused the defacto complainant and assaulted her by demanding dowry. Hence the complaint. 3.

The learned counsel appearing for the petitioners submits that the petitioners are innocent and falsely implicated in this case as if they were demanding dowry from the defacto complainant. He further submitted that the petitioners are senior citizens, aged more than 60 years and this Court vide order dated 25.06.2024, granted interim anticipatory bail to the petitioners and directed A1/ husband of the defacto complainant and the defacto complainant to appear before Mediation and Conciliation in order to settle the disputes between them, accordingly both appeared before the Mediation and the dispute between them is settled. Therefore, he prayed to grant anticipatory bail to the petitioners.

4.

Heard the learned counsel appearing for the intervener and learned Government Advocate (Criminal Side).

5.

Considering the submissions made on both sides and taking note of the fact that the dispute between the parties has been settled through mediation and considering the age of the petitioners, this Court is inclined to grant anticipatory bail to the petitioners with certain 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 (15) days from the date of receipt of a copy of this order before the Additional Mahila Fast Track Court, Salem on condition that the petitioners 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 and on further condition that:

[a] the sureties shall affix his photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of his Aadhar card or Bank pass Book to ensure his identity. [b] the petitioners shall report before the respondent police as and when required for interrogation.

[c] the petitioners shall not abscond either during investigation

or trial.

[d] the petitioners shall not tamper with evidence or witness 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 abscond, a fresh FIR can be registered under Section 229A IPC.

02.08.2024 stn T.V.THAMILSELVI, J.

stn Crl.O.P.No. 14535 of 2024 02.08.2024