Sangumathi v. The Inspector Of Police

G.K.ILANTHIRAIYAN, J.

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 294(b), 498(A), 324 and 506(i) IPC in Crime No.34 of 2022, seek anticipatory bail.

2. There are totally three accused in this case, in which the petitioners are arrayed as A2 and A3. The case of the prosecution is that the defacto complainant lodged a complaint before the respondent police alleging that the petitioners along with her husband demanded dowry and arranged for a separate marital home. While so, the defacto complainant's husband, on the instigation of the 2nd petitioner, abused the defacto complainant with filthy language and also assaulted her.

3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Hence, he prays to grant anticipatory bail

to the petitioners.

4. The learned Additional Public Prosecutor would submit that the petitioners are alleged to have harassed the defacto complainant and demanded dowry. Hence, he opposed to grant anticipatory bail to the petitioners.

5. Considering the fact that the petitioners are only in-laws of the defacto complainant, 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 days from the date on which the order copy made ready, before the learned Additional Mahila Court Magistrate, Salem District on condition that the petitioners shall execute a bond 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 appear before the respondent police 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 Courthimself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

G.K.ILANTHIRAIYAN, J.

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

29.08.2022 Anu