Anandha Babu v. Inspector Of Police

G.CHANDRASEKHARAN.

J.

The petitioners viz.,Anandha Babu, Paramanantham, Meena, who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 498 (A), 294 (b) & 506 (1) IPC and Section 4 of Dowry Prohibition Act, in Crime No.14 of 2023, on the file of the respondent police, seek anticipatory bail.

2. Learned counsel for the petitioners submitted that first petitioner is the husband of the defacto complainant. Their marital life is not good and therefore, defacto complainant gave an exaggerated false complaint against the petitioners. Thus, he prays for anticipatory bail for the petitioners.

3.In response, the learned Government Advocate (Crl.side) submitted that first petitioner is a drunkard, on the influence of alcohol, he used to scold the defacto complainant in filthy language and abused her. His parents also joined in abusing and committing cruelty against the defacto complainant. On 07.12.2022, at about 2 p.m., defacto

complainant on the influence of alcohol, visited the house of the defacto complainant and demanded money and jewels, else, he threatened to kill them.

4.It is seen from the FIR allegations that, in a matrimonial dispute, complaint is given alleging dowry harassment and cruelty. Considering the nature and circumstances of this case, this Court is of the view that custodial interrogation of the petitioners is not necessary and this Court is inclined to grant anticipatory bail to the petitioners and the petitioners are ordered to be released on bail in the event of their 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-I, Panruti, on condition that petitioners shall execute separate 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 petitioners shall report before the respondent police 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 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.

20.07.2023 sli G.CHANDRASEKHARAN.

J.

sli 20.07.2023