Eswaran Badrinarayanan Ardhanareshwaran v. State Rep. By
A.D.JAGADISH CHANDIRA , J.
Apprehending arrest in connection with Crime No.17 of 2024 registered for the offences punishable under Section 498A of IPC and Section 4 of Dowry Prohibition Act, 1961, the present petition has been filed seeking anticipatory bail.
2. Pleading innocence on the part of the petitioner, false implication in the case, learned counsel for the petitioner seeks indulgence of this Court. Learned counsel for the petitioner would submit that the petitioner and the defacto complainant got married in the year 2023. Subsequently, they moved to Canada. While they were in Canada, there was misunderstanding between them. Thereafter, the defacto complainant returned to India and lodged a complaint as against the petitioner and his family members. 3.The case of the prosecution as putforth by the learned Government Advocate (Crl. Side) appearing for the respondent Police, opposing for grant of anticipatory bail, is that the petitioner, along with his parents, harassed Page No.1 of 4
the defacto complainant and demanded huge dowry from her. He also submits that the investigation is pending as against them.
4. Having heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent Police and perused the materials available on record, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions and accordingly, he is ordered to be released on 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 No.I, Poonamallee on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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 said Magistrate, on further condition that: [a] if the petitioner fail to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled;
[b] the petitioner shall report before the respondent Police daily at 10.30 a.m for a period of one week and Page No.2 of 4
thereafter on every Saturday at 10.30 a.m. for a period of two weeks and thereafter 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 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];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
28.11.2024 Lpp Note : Issue order copy today i.e., on 28.11.2024 Page No.3 of 4
A.D.JAGADISH CHANDIRA , J.
Lpp 28.11.2024 Page No.4 of 4