Harsath v. The Inspector Of Police
RMT.TEEKAA RAMAN, J.
The petitioners/A1 to A4, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 498A and 506(ii) of I.P.C, in Crime No.Not known of 2023 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the 1st petitioner is the husband; the 2nd petitioner is the Mother-in-Law; the 3rd petitioner is the Brother-in-Law and the 4th petitioner is the Father-in-Law of the defacto complainant. The 1st petitioner and the de-facto complainant got married on 04.11.2020. Later, the 1st petitioner along with other petitioners have demanded dowry and also harassed the de-facto complainant. Hence the complaint.
3. The learned counsel for the petitioner would submit that the 1st petitioner is having some physical infirmity from his birth. After the birth of the girl child to them, the de-facto complainant started disrespecting the 1st petitioner and other family members. The de-facto complainant with an ulterior motive has lodged the above
complaint and the petitioners are not involved in any offence as alleged by the de-facto complainant. Hence, he prayed for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side) for the respondent would submit that the 1st petitioner along with other petitioners have demanded dowry and also harassed the de-facto complainant due to the nature and gravity of the offence done by the petitioners, the above said complaint is filed. Hence, he opposed for grant of anticipatory bail to the petitioner.
5. Heard both sides and perused the materials available on record including the FIR.
6. Taking into consideration the facts and circumstances of the case and the submissions made by the learned counsel on either side, this Court is inclined to grant anticipatory bail to the petitioner.
7. Accordingly, there is a specific allegation against A1 and hence the 1st petitioner is dismissed whereas A2 to A4 were formal
parties and they were 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-VII, Coimbatore, 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, everyday at 10.30 a.m., for a period of three weeks until further orders;
[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 abscond, a fresh FIR can be registered under Section 229A IPC.
08.082023 nvi
RMT.TEEKAA RAMAN, J.
nvi 08.08.2023