Prabavathy v. State Rep By

Crl.O.P.No.25251 of 2022 A.D.JAGADISH CHANDIRA, J., The petitioners, who apprehends arrest for the alleged offences under Sections 498A, 294(b), 323, 324, 406, 420, 506(ii) IPC and Section 75 of Juvenile Justice (Care and Protection of Children) Act, 2015 in Crime No.15 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant/Devi is that the marriage between her and her husband was soleminsed on 29.06.2011. The further allegation is that her husband along with his family members harassed her and by demanding more dowry and also withdrawn 12lakh from her ATM card and pledged 25soverigns of jewels and spent the money. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is the sister of the main accused and she has been arrayed as 3rd accused. He would submit that the entire allegation are against the main accused and he has been granted anticipatory bail by the Principal District and Sessions Judge, Chennai. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.side) would submit that the petitioner is the sister of the main accused. He would submit that the 1/4

investigation is pending.

5. Taking into consideration the facts and circumstances of the case and the submissions made by the learned Government Advocate (Crl.side), this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions :

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen (15) days from the date on which the copy of the order is made ready, before the XIII Metropolitan Magstrate, Egmore, Chennain, on condition that the petitioner shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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 petitioner 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 petitioner shall report before the respondent Police daily at 10.30am., for a period of one week and thereafter on every Saturday at 10.30am., until further orders.

[c] the petitioner shall not tamper with evidence or witness either 2/4

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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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.

With the above directions, this Criminal Original Petition is ordered. 26.10.2022 tsh 3/4

A.D. JAGADISH CHANDIRA. J, tsh Crl.O.P.No.25251 of 2022 26.10.2022.

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