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Madras High CourtCRL OP/29889/2024granted

Balaji v. The State Rep By

2024-12-03Honourable Mr Justice A.D.Jagadish Chandira4 pages

A.D.JAGADISH CHANDIRA , J.

Apprehending arrest in connection with Crime No.20 of 2024 registered for the offence punishable under Section 498(A) of IPC, the present petition has been filed seeking anticipatory bail. 2.Pleading innocence on the part of the petitioners, false implication in the case, learned counsel for the petitioners seeks indulgence of this Court. Learned counsel for the petitioners would submit that the petitioners are innocent and due to matrimonial dispute, a false and exaggerated complaint has been given against them. He further submits that the petitioners are ready to abide by any stringent condition that may be imposed by this Court.

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 1st petitioner and the defacto complainant got married in the year 2023 and thereafter, all the accused had harassed and Page No.1 of 4

demanded dowry from the defacto complainant and also driven out of the matrimonial home.

4.Having heard the learned counsel for the petitioners 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 petitioners with certain conditions and accordingly, they 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 of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Poonamallee on condition that the petitioners 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 petitioners fail to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled;

[b] the 1st petitioner shall report before the respondent Police daily at 10.30 a.m for a period of four weeks and Page No.2 of 4

thereafter on every Saturday at 10.30 a.m., until further orders; [c] the 2nd and 3rd petitioners shall report before the respondent Police daily at 10.30 a.m., for one week and thereafter as and when required for interrogation; [d] the petitioners shall not tamper with evidence or witness either during investigation or trial; [e] the petitioners shall not abscond either during investigation or trial;

[f] 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];

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

03.12.2024 vv2 A.D.JAGADISH CHANDIRA , J.

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