Thilagavathi v. Insepctor Of Police

A.D.JAGADISH CHANDIRA, J.

The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 498A, 406 of IPC and Section 4 of Dowry Prohibition Act in Crime No.14 of 2023, seek anticipatory bail.

2. The case of the prosecution as per the defacto complainant is that the petitioners, who is the mother-in-law, sister-in-law and brother-in-law of the defacto complainant, had demanded more dowry and harassed her. Hence, the complaint.

3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and due to matrimonial dispute, a false complaint has been given by the defacto complainant. He would further submit that the petitioners are none other than the mother, sister and brother of the 1st accused and they have been unnecessarily roped in this case. 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, who is the mother-in-law, sister-in-law and brother-in-law of the defacto complainant, had demanded more dowry and harassed her. Hence, he would vehemently opposed for grant of anticipatory bail to the petitioner.

5.Heard the learned counsel on either sides and perused the entire materials available on record including the FIR.

6. Taking into consideration the facts and circumstances of the case, the also the submissions made on both sides, 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 his appearance, within a period of fifteen days from the date on which the order copy made ready, before the Judicial Magistrate, Ambattur, on condition that the petitioners shall execute separate bonds 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, 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 two weeks and thereafter, on every Saturday 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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].

A.D.JAGADISH CHANDIRA, J.

[f] If the accused thereafter absconds, a fresh FIR can be

registered under Section 229A IPC.

27.06.2023 Lpp