Anjappan v. State Rep By

A.D.JAGADISH CHANDIRA.J, The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 498(A) of IPC r/w Section 4 of Dowry Prohibition Act 1961 in Crime No.24 of 2022, seeks anticipatory bail.

2. The case of the prosecution as per the defacto complainant is that the marriage between the defacto complainant and her husband/ petitioner was solemnized on 01.02.2009. Since the defacto complainant was not able to give birth to a child, she was harassed, abused and assaulted by the petitioner and his family. Hence, the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he has nothing to do with the alleged offence. He would further submit that the marriage between the petitioner and the defacto complainant was solemnized in the year 2009 and due to matrimonial dispute, the petitioner has filed H.M.O.P.No.61

of 2022 before the Family Court, Nagapattinam. Thereby, a false complaint has been given against the petitioner. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.side) would submit that due to matrimonial dispute, the petitioner along with his family members had abused and assaulted the defacto complainant. He would submit that there is no previous case pending against the petitioner. However, he opposed to grant anticipatory bail to the petitioner.

5. Taking note of the facts and circumstances and also taking note of the fact that there is no previous case pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, petitioner is 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 No.II, Nagapattinam District on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees twenty five 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 every day at 10.30 for a period of two weeks and thereafter every Saturday at 10.30 am until further orders.

[e] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[f] the petitioner shall not abscond either during investigation or trial;

A.D.JAGADISH CHANDIRA.J, shk [g] 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]; and;

[h] if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

23.09.2022 shk