Sabarinathan v. State Rep.By,

Crl.O.P.No.20481 of 2024 P.DHANABAL,J.

The petitioners who apprehend arrest at the hands of the respondent police for the alleged offences under Sections 294(b), 498(A) & 506(i) of IPC in Crime No.30 of 2024, on the file of the respondent police seek anticipatory bail.

2. The case of the prosecution is that on account of matrimonial dispute, the petitioners had entered into a wordy quarrel with the de-facto complainant, abused her with filthy language and demanded dowry. Hence the complaint.

3. The learned counsel appearing for the petitioners submitted that the petitioners have not committed any such offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, he prayed to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that due to family dispute, the petitioners had entered into a wordy quarrel with the de-facto complainant, abused her with filthy language and demanded dowry. He further submitted that divorce proceedings are pending before the Subordinate Court, Sirkali.

5. Considering the submissions of both sides, relationship between 1/4

the parties, pendency of matrimonial dispute and no previous case is pending as against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

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 (15) days from the date of receipt of a copy of this order before the learned Judicial Magistrate, Sirkali, on condition that each of the petitioners shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

[a] the petitioners shall report before the respondent police on every Saturday at 10.30 a.m.for a period of four weeks. [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 2/4

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 v. State of Kerala [(2005) AIR SCW 5560].

[e] if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of the B.N.S 29.08.2024 mfa To

1. The Judicial Magistrate, Sirkali.

2. The Inspector of Police, (AWPS), Sirkali Police Station, Mayiladuthurai District.

3. The Public Prosecutor, High Court, Madras.

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P.DHANABAL,J.

mfa Crl.O.P.No.20481 of 2024 29.08.2024 4/4