Shanthi v. State Rep By
A.D.JAGADISH CHANDIRA, J.
The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 498(A), 323,294(b), 506(2) of IPC and Section 4 of the Dowry Prohibition Act, 1961 in Crime No.16 of 2023, seeks anticipatory bail.
2. The case of the prosecution as per the defacto complainant is that the accused had harassed her and they demanded further dowry and abused her with filthy language and also attacked her with knife. Hence, the complaint.
3. The learned counsel for the petitioners would submit that the petitioners are the in-laws of the defacto complainant. He further submit that the main accused A1/husband of the defacto complainant was arrested and released on bail. Hence, he seeks for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl.Side) appearing for the respondent Police would submit that the petitioners had harassed her and demanded dowry from her and they also abused her and attacked her with knife. He further submit that the injured has been discharged from the hospital. Hence,
he would vehemently opposed for grant of anticipatory bail to the petitioners. 5.Heard the learned counsel on either sides and perused the entire materials available on record.
6. Taking into consideration the facts and circumstances of the case, the the submissions made on both sides and also taking note of the fact that the main accused has been arrested and enlarged on bail, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
7. 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 on which the order copy made ready, before the Additional Mahila Court, Thiruvarur, on condition that the petitioners shall execute separate 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, 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 petitioners shall report before the respondent police everyday at 10.30 a.m., for a period of one week 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 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.
23.06.2023 drl
A.D.JAGADISH CHANDIRA, J.
drl 23.06.2023