Pachaiyammal v. The State Rep By Its,

Crl.O.P.No.20516 of 2024 T.V.THAMILSELVI, J.

The petitioners who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 498A, 294(b), 323, 324, 494 and 506(i) IPC and Section 4 of the Prohibition of Harassment of women Act, 2002 in Crime No. 41 of 2024, seeks anticipatory bail.

2. The case of the prosecution is that the petitioners are in-laws of the defacto complainant, who attacked attacked and abused the defacto complainant and also demanded dowry. Hence, the case.

3. Considering the facts and circumstances of the case, it is a matrimonial dispute. Hence, this Court is inclined to grant bail to the petitioner.

6. 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, Tirukoilur, 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.

[b] the petitioners shall report before the respondent police as and when required for interrogation. Further, the petitioners shall deposit a sum of Rs.1,00,000/- to the credit of crime No. 41 of 2024 within a period of two weeks and the defacto complainant is permitted to withdraw the same.

[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 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.

26.09.2024 pbl

T.V.THAMILSELVI, J.

pbl Crl.O.P.No.20516 of 2024 26.09.2024