Syed Munawar Ahmed v. The State Rep By

C.V.KARTHIKEYAN , J.

The petitioners/ A1 to A3 herein seek anticipatory bail in Crime No.2 of 2023 registered by the respondent Police for the offence under Sections 498(A), 294(b), 352, 506(i) IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002.

2. The learned counsel for the petitioners stated that, they have been falsely implicated as accused in this case, for an incident that said to have occurred in 2021 onwards, but the complaint was given only on 08.07.2023. Apprehending arrest from the respondent police, he seeks bail to the petitioners.

3. The learned Government Advocate (Criminal side) stated that, 1st petitioner is the husband and 2nd and 3rd petitioners are the mother-in-law and sister-in-law of the defacto complainant. It is stated that, there is a family dispute between them. Complaint of continuous harassment and demand of dowry has been given before the respondent police and subsequently, the first information report had been filed. It is further stated that, defacto complainant filed DVC.No.2 of 2023 and M.C.No.17 of 2023 which are pending before Judicial Magistrate Court, Vaniyambadi. It is further stated that, 1st petitioner 1/4

has filed O.S.No.77 of 2023 on the file of the District Munsif, Vaniyambadi.

4. The District Munsif, Vaniyambadi may examine the nature of the relief sought and apply mind before coming to any conclusion. In view of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

5.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 Judicial Magistrate Vaniyambadi, on condition that the petitioner shall execute a separate 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 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. 2/4

[b] (i) the 1st petitioner shall report before the respondent Police, daily at 10.30 a.m., until further orders.

(ii) the 2nd and 3rd petitioners shall report 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 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;

13.10.2023 gd 3/4

C.V.KARTHIKEYAN , J.

gd 13.10.2023 4/4