Pechiyammal v. The Inspector Of Police
RMT.TEEKAA RAMAN,J.
The petitioners, who apprehend arrest at the hands of the respondent police for the offence punishable under Sections 498(A), 509 and 506(ii) of IPC, in Crime No.09 of 2022, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the petitioners and the defacto complainant are family members and due to family dispute in respect of dowry demand, the petitioners have harassed the defacto complainant and threatened her with dire consequences. Hence, the case.
3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case. He would further submit that A1 in this case was arrested and released on bail. Hence, he prays for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl. Side) would submit that the petitioners and the defacto complainant are family members and the petitioners are said to have demanded huge dowry from the defacto complainant and when she refused the same, the petitioners along with A1/ husband of the defacto complainant harassed the defacto complainant and threatened her with dire consequences. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.
5. Considering the facts and circumstances of the case and also taking into consideration the fact that A1 in this case has been arrested and released on bail, I am inclined to grant anticipatory bail to the petitioners subject to the following 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 made ready, before the Judicial Magistrate Court, Thiruthuraipoondi, on condition that the petitioners shall execute 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 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 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 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 FIR can be registered under Section 229A IPC.
22.09.2023 ata
RMT.TEEKAA RAMAN,J.
ata 22.09.2023