C.Prema v. The Inspector Of Police

T.V.THAMILSELVI,J.

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 498A, 323 & 506(1) of IPC and Section 4 of Dowry Prohibition Act, 1961 in Crime No.576 of 2022, seek anticipatory bail.

2. The case of the prosecution is that the defacto complainant and one Naveenraj/A1 got married on 23.08.2020 and the petitioners are the parents of A1. Within a short span of time, the defacto complainant left the matrimonial house due to the dowry harassment given by the petitioners and A1. Hence, the case.

3. The learned counsel for the petitioners would submit that the petitioners are Teacher by profession and they have been falsely implicated in this case. He would also submit that already A1 was granted bail. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. Side) would submit that one Naveenraj/A1 and the defacto complainant were husband and wife and the petitioners are the parents of A1. Within a short span of time, the defacto complainant left the matrimonial house due to the dowry harassment given by the petitioners and A1. Hence, he opposed for grant of anticipatory bail to the petitioners.

5. Taking into consideration the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain 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 learned Judicial Magistrate, Mettupalayam, Coimbatore District, on condition that each of 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 Bank pass Book to ensure their identity;

[b] the petitioners shall report before the respondent Police 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];

T.V.THAMILSELVI,J.

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

16.12.2022 sp