H.Balaji Sah v. State By

Crl.O.P.No.989 of 2016 K.KALYANASUNDARAM, J.

The petitioners, who are arrayed as accused, apprehend arrest at the hands of the respondent police for an alleged offence punishable under Section 498[A] of IPC, on the file of the respondent police and hence, seek anticipatory bail.

2.The first petitioner is the husband and petitioners 2 to 6 are in-laws of the de facto complainant. The case of the prosecution is that the marriage between the first petitioner and the de facto complainant was solemnised on 02.02.2014, subsequently all the accused harassed the de facto complainant by demanding additional dowry.

3.Learned Senior Counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. It is further submitted that the first petitioner had already filed H.M.O.P.No.275 of 2016 before the Family Court, Chennai against the de facto complainant for divorce. It is also submitted that the matter was referred to Mediation Centre and due to non-cooperation of the de facto complainant, the matter could not be settled. 4.Heard the learned Government Advocate [Criminal Side] appearing for the respondent.

5.Considering the above facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

K.KALYANASUNDARAM, J.

sri 6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned XIV Metropolitan Magistrate, Egmore, Chennai and on each of them executing a bond for a sum of Rs.10,000/- [Rupees Ten Thousand only] with common surety for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the first petitioner shall appear before the respondent police daily at 10.00a.m. until further orders and the petitioners 2 to 6 shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7.The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed. 13.04.2016 sri Crl.O.P.No.989 of 2016