Pavithra v. State By

T.V.THAMILSELVI, J.

The petitioner who apprehends arrest for the alleged offence under Sections 498 A, 294(b), 323 of IPC in Cr.No.13 of 2022 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner is arrayed as A4. The petitioner is the sister-in-law of the defacto complainant. A1 and defacto complainant are husband and wife. During the marriage, 15 sovereigns of gold and other household articles were presented as dowry. Further, the family members of the A1/husband of defacto complainant holding A1 in their arms were demanded dowry and harassed the defacto complainant that what has already been given as dowry is not enough. Thereby, the defacto complainant lodged a complaint against the petitioner. 3.The learned counsel appearing for the petitioner submits that the petitioner has not committed any offence as alleged by the prosecution. He further submits that A1 and A5 are granted bail by this Court. Hence, he prays to grant anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl. Side) appearing for the respondent submits that petitioner is arrayed as A4 in this case. He further submits that A1 and A5 already granted bail by this Court. However, he vehemently opposed for granting anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and submissions made by the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for respondent, this Court is inclined to grant anticipatory bail to the petitioner.

6.Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate Pennagaram, 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 and on further condition that: (a)the petitioner and the sureties shall affix their photographs and left

thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (b)the petitioner shall report before the respondent police as and when required for interrogation;

(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d)the 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory 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]; and;

(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

23.12.2022 dk To The Judicial Magistrate Pennagaram

T.V.THAMILSELVI, J.

dk 23.12.2022