G.Lenin v. The Inspector Of Police

A.D.JAGADISH CHANDIRA , J.

The petitioners who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323, 498(A) and 506(i) I.P.C, in Crime No.28 of 2022 on the file of the Respondent Police, seek bail.

2.It is the case of the prosecution that the 1st petitioner is the husband and petitioners 2 to 4 are the in-laws of the defacto complainant. After the marriage, the petitioners have demanded more dowry and harassed the defacto complainant. Hence, the complaint. 3.Learned Counsel for the Petitioners submitted that the Petitioners are innocent and they have not committed any offence as alleged by the prosecution. He added that it is a love marriage and the defacto complainant is in habit of making false complaints. Since the 1st petitioner has filed a petition for restitution of conjugal rights in

H.M.O.P.No.3275 of 2022 before the Family Court, Chennai, in order to avoid reunion, the defacto complainant has lodged a false complaint. Accordingly, prays for grant of anticipatory bail to the petitioners. 4.Learned Government Advocate (Crl. Side) vehemently opposed to the grant of anticipatory bail stating that the petitioners have demanded more dowry from the defacto complainant and harassed her. 5.Taking into consideration the facts and the submissions made by the learned counsel for the petitioners, this Court is inclined to grant 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 days from the date on which the order copy is made ready, before the learned Judicial Magistrate No.II, Tindivanam, on condition that the petitioners shall execute a separate 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 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 daily at 10.30 a.m., for a period of two weeks, thereafter report before the respondent police on every Saturday at 10.30 a.m. until further orders.

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial; [d] the petitioners 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 A.D.JAGADISH CHANDIRA , J.

kas 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 absconds, a fresh F.I.R can be registered under Section 229A IPC; 12.10.2022 kas