P.Ashok Kumar v. State Rep. By

C.V.KARTHIKEYAN, J.

The petitioners, who apprehend arrest at the hands of the respondent police for the offence punishable under Section 498 (A) IPC and Section 4 of Dowry Prohibition Act, in Crime No.13 of 2023, seek anticipatory bail.

2.On 10.10.2023, the petitioners are directed to appear before the respondent on receipt of notices under Section 41-A Cr.P.C. and to co-operate with the investigation. It is today informed by the learned Government Advocate (Crl.Side) that investigation has been completed and charge sheet would be shortly filed before the concerned Jurisdictional Magistrate.

3.Short facts of the case is that the marriage between the first petitioner and the defacto complainant's daughter took place on 25.08.2019 at Valliyammal Thirumana Mandapam, Manali. But, it is stated by the defacto complainant that on 23.09.2023, the petitioners had 1/4

driven away his daughter from the marital home. Entire issue has to be examined during the course of trial.

4. Taking into consideration the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners. 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, Thiruvottriyur, on condition that the petitioners shall execute a separate 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, 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 2/4

Bank pass Book to ensure their identity.

[b] (i) the first and second petitioners shall report before the respondent police daily morning at 10.00 a.m., for a period of two weeks and thereafter as and when required for interrogation.

(ii) the third petitioner shall report before the respondent police once in a week i.e., every Monday at 10.00 a.m., for a period of two weeks and thereafter as and when required for interrogation.

[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].

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C.V.KARTHIKEYAN , J.

sli [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

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