A.Mohamed Nazeer v. State Rep.By

G.K.ILANTHIRAIYAN, J.

The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 498A, 406, 294(b) & 506(i) of IPC r/w Sections 4 and 6 (2) of Dowry Prohibition Act, 1961 in Crime No.14 of 2019, seeks anticipatory bail.

2. The case of the prosecution is that due to matrimonial dispute, the petitioner herein along with other accused are alleged to have demanded dowry and harassed the de-facto complainant. Hence, the complaint.

3. This Court had already passed an interim order in Crl.O.P.No.18486 of 2020 dated 07.12.2020, wherein the matter was referred to the Mediation and Conciliation Centre for amicable settlement. The Tamil Nadu Mediation and Conciliation Centre, High Court, Madras in its Mediation File No.482 of 2020 dated 08.06.2022 had reported "Parties were not willing to participate in the mediation".

4. Therefore, considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

5. Accordingly, the petitioner is 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 learned Judicial Magistrate No.1, Poonamallee, on condition that the petitioner 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[a] the petitioner 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 petitioner shall report before the respondent police as and when required for interrogation.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner 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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

28.06.2022 (2/2) mpl

G.K.ILANTHIRAIYAN, J.

mpl 28.06.2022 (2/2)