J.Pradeep v. Inspector Of Police

C.V.KARTHIKEYAN , J.

The petitioners herein seek anticipatory bail in Crime No.20 of 2023 registered by the respondent Police for the offence under Sections 498(A), 406, 294(b) of IPC and Section 4 of DP Act.

2. The learned counsel for the petitioners stated that the petitioners are innocent persons and they have been falsely implicated in this case. Thus, he seeks anticipatory bail to the petitioners.

3. It is stated by the learned Government Advocate (Crl.Side) submitted that the marriage between the 1st petitioner and the defacto complainant had taken place in the year 2022. The 2nd petitioner is the mother-in-law of the defacto complainant. It is stated that, there is a family dispute between them. Complaints of continuous harassment and demand of dowry led the defacto complainant to give complaint against the petitioners. Thus, he prayed for dismissal of this petition. 1/4

4. In view of the facts, this Court is inclined to grant anticipatory bail to the 2nd petitioner with certain conditions. However, insofar as the 1st petitioner is concerned, this Court is not inclined to grant anticipatory bail.

5. Accordingly, the 2nd petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate I, Tambaram, on condition that the petitioner shall execute a 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 2nd 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 2nd petitioner shall report before the respondent police every Saturday at 10.00 a.m., for a period of four weeks and thereafter, as and when required for interrogation.

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[c] the 2nd petitioner shall not tamper with evidence or witness either during investigation or trial; [d] the 2nd 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 2nd petitioner in accordance with law as if the conditions have been imposed and the 2nd 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 absconds, a fresh FIR can be registered under Section 229A IPC;

13.10.2023 gd 3/4

C.V.KARTHIKEYAN , J.

gd 13.10.2023 4/4