Adil Imam v. The State Rep. By Its

Crl.O.P.No. 3 1 5 8 of 2 0 1 6 K. KALYANA S U NDARAM, J.

The petitioner, who is arrayed as A-1, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 498(A) and 506(i) and 494 IPC, in Crime No.2 of 2014 on the file of the respondent police and hence, seek anticipatory bail.

2. The case of the prosecution is that the marriage between the petitioner and the defacto complainant was performed in the year,2007 and during the lawful wedlock they are blessed with two children. While so, the accused had contracted a second marriage and also harassed his wife demanding dowry, resulted in registration of this case which was also registered on 06.03.2015.

3.The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case and he has not committed any such offence as alleged by the prosecution.

4. The learned counsel appearing for the intervenor vehemently opposed this petition and contended that the defacto complainant is suffering financially and the accused has not paid any amount for maintenance to her. It is further submitted that the petitioner moved an anticipatory bail petition before the Principal Sessions Judge, who referred the matter before the Mediation Centre, wherein, the petitioner was not ready for reunion and subsequently, the said petition was dismissed for default. It is further submitted that as per the direction of this Court both the accused and the defacto complainant have appeared before the Mediation Centre, wherein also, the accused was not ready for reunion with the defacto complainant and

he has not paid any maintenance to his wife and her two children. K.KALYANA S U NDARAM, J.

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5. Heard the learned Government Advocate (Criminal side) appearing for the respondent.

6. Considering the above facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance before the learned XIV Metropolitan Magistrate, Egmore, Chennai, and on his executing 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 learned Magistrate concerned and the petitioner shall appear before the respondent police daily at 10.00 a.m., until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

8. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

rrg 2 6. 0 4. 2 0 1 6 Crl.O.P.No. 3 1 5 8 of 2 0 1 6