K.Manjula v. State Rep. By

CRL.O.P.No.4216 of 2016 S.VAIDYANATHAN, J.

Apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 498(A), 323 and 406 of IPC in Crime No.1 of 2016 on the file of the respondent police, the petitioners have come forward with this petition seeking anticipatory bail.

2. The first petitioner is the mother-in-law of the defacto complainant and the second petitioner is her husband. The case of the prosecution is that the petitioners harassed the defacto complainant demanding dowry from her and assaulted her.

3. The learned counsel for the petitioners submitted that the defaco complainant left the matrimonial home on her own and settled down in her parents house and has lodged a false complaint against the petitioners and they have not committed any such offence.

4. The learned Government Advocate (Crl. Side) opposed for grant of anticipatory bail to the petitioners on the ground that investigation is pending in this case.

5. Taking note of the fact that custodial interrogation of the petitioners may not be required in this case at this stage and considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners.

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

S.VAIDYANATHAN, J.

vrc the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Coimbatore, on each of them executing a bond for a sum of Rs.10,000/- (Rupees ten Thousand Only) with two sureties each for a like sum to the to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further conditions that:

[a] the petitioners shall appear before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter, as and when required for interrogation.

[b] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioners shall not abscond either during investigation or trial.

[d] 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].

21.06.2016 vrc CRL.O.P.No.4216 of 2016