Deivasigamani v. The State Rep By
C.V.KARTHIKEYAN,J.
The petitioners/A1 to A3 seek anticipatory bail in Crime No.4 of 2023 registered by the respondent police for the offence punishable under Sections 323, 498A and 506(i) of I.P.C and Section 4 of Tamilnadu Prohibition of Women Harassment Act, 2002.
2. It is stated that the first accused and the defacto complainant had married on 28.02.2021 and a female child had also born and is now aged about two years. Thereafter, there were differences of opinion between the first petitioner and the defacto complainant on the ground that dowry has been demanded by the petitioners herein.
3. It is further stated that the matter had been referred to the Mediation and Conciliation Centre, Chennai at Chengalpet, but, eventhough there was three sittings, settlement could not be arrived and the matter was referred back on the ground that mediation talks had
failed. However, taking into consideration the facts and also because the learned counsel for the petitioners had withdrawn the petition so far as first petitioner is concerned and he has also made an endorsement in the Court bundle, today, to that effect, anticipatory bail is granted to the second and third petitioners with subject to the following conditions:
4. Accordingly, the petitioners 2 and 3 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 Judicial Magistrate, Additional Mahila Court, Chengalpattu on condition that each of the petitioners shall execute separate bonds for a sum of Rs.10,000/- (Rupees Ten Thousand only) 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 2 and 3 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 second petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation and the third petitioner shall report before the respondent police as and when and required for interrogation. [c] the petitioners 2 and 3 shall not tamper with evidence or witness either during investigation or trial. [d] the petitioners 2 and 3 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 2 and 3 in accordance with law as if the conditions have been imposed and the petitioners 2 and 3 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.
5. With the above directions, this Criminal Original Petition in
respect of the 1st petitioner is dismissed as withdrawn. The Criminal Original Petition in respect of the the 2nd and 3rd petitioners stands ordered.
12.10.2023 nst/vv
C.V.KARTHIKEYAN,J.
nst/vv 12.10.2023