Aadil v. State Rep.By

Crl.O.P.No.33 of 2024 C.V.KARTHIKEYAN,J.

The petitioners/A1 to A4 in Crime No.18 of 2023 registered by the respondent police for the offences punishable under Sections 498A, 323, 406 of IPC and 4 of TN Prohibition of Harassment of Women Act, 2002 seeks anticipatory bail.

2. The first petitioner is the husband of the defacto complainant. They had married on 23.07.2020. The other petitioners, are relations of the first petitioner.

3. It is the case of the prosecution that the complaint had been lodged that there has been continuous demand for dowry by the accused persons.

4. The learned counsel for the petitioner however stated that the first petitioner had filed F.C.O.P.No.9 of 2023 before the Family Court, Vellore seeking restitution of conjugal rights. 1/4

5. In view of the fact that the issues between the first petitioner and the defacto complainant are also be examined by the learned Family Court Judge at Vellore, this Court is inclined to grant anticipatory bail to all the petitioners subject to the following 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-I, Vellore, Vellore District on condition that each of the petitioners shall execute separate bonds for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, 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.

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[b] the 1st petitioner shall report before the respondent police on everyday at 10.30 a.m., for a period of two weeks and the 2nd 3rd and 4th 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].

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

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C.V.KARTHIKEYAN,J.

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