Dhamodaran @ Dhamodharan v. Inspector Of Police
RMT.TEEKAA RAMAN,J.
The petitioners, who apprehend arrest at the hands of the respondent police for the offence punishable under Sections 494 r/w 120(B), 498(A) of IPC, in Crime No. 14 of 2023, on the file of the respondent, seek anticipatory bail.
2. The case of the prosecution as per the defacto complainant is that the petitioners and along with other accused, suppressed the earlier marriage of the 1st accused, have performed marriage to A1 with the defacto complainant. Thereafter, the accused demanded huge dowry from the defacto complainant from time to time and when she refused the same, they abused her in filthy language and instigated her in committing suicide. Hence, the case.
3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case. He would further submit that the 1st and
2nd petitioners are parents of A1 and 3rd and 4th petitioners are sister-inlaws of A1. The petitioners have nothing to do with the alleged offence and there was financial dispute between them and in order to wreck vengeance, a false complaint has been given. He would also submit that A1, A4 and A5 were already arrested and remanded to judicial custody. Hence, he prays for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl. Side) for the respondent would submit that the petitioners and the defacto complainant are family members and they have demanded huge dowry from the defacto complainant and also abused her in filthy language and instigated her in committing suicide. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.
5. Considering the allegation against these petitioners and since they are the father, mother and sister-in-laws of A1, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions;
6. Accordingly, the petitioners are ordered to be released on bail in the event of his arrest or on their appearance, within a period of fifteen days from the date on which the order copy is made ready, before the Judicial Magistrate, Ambattur, on condition that the petitioner shall execute separate 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 report before the respondent police every day at 10.30 a.m., for a period of two weeks and thereafter, 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 abscond, a fresh FIR can be registered under Section 229A IPC.
22.08.2023 ata
RMT.TEEKAA RAMAN,J.
ata 22.08.2023