Dhandapani v. The State Rep By Its,

CRL.O.P.No.29203 of 2023 P.DHANABAL, J., The petitioner/accused no.2, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 498 (a), 294(b), 323, 506(i) IPC and Sec.4 of Dowry Prohibition Act, 1961 in Crime No.23 of 2023 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that A1 is the husband of the defacto complainant and the petitioner herein is the father of A1. It is the further case of the prosecution that A1 harassed the de-facto complainant using filthy language and demanded dowry. hence the case. 3.The learned counsel for the petitioners would contend that the petitioner is innocent and due to matrimonial dispute between the parties, a false case has been foisted against him. He further added that there is no specific allegation as against this petitioner. Hence he seeks anticipatory bail.

4.The learned Government Advocate (Crl. Side) would submit that A1 is the husband of the defacto complainant and that the present petitioner is the father of A1. Further, A1 harassed the de-facto complainant using filthy language and demanded dowry. Hence, he objected to grant anticipatory bail to the petitioner. 5.Heard both side and perused the materials available on record. 6.Considering the rival submissions on either side and considering the relationship between the parties and the nature of offences, this Court is inclined to grant anticipatory bail to the petitioner, subject to the following conditions:

7.Accordingly, the petitioner 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 on which the order copy made ready, before the learned Judicial Magistrate Court I, Udumalpet 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 learned Magistrate concerned and on further condition that:

[a] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of thirty days and thereafter as and when required for interrogation.

[b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioner shall not abscond either during investigation or trial.

[d] 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 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].

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

28.12.2023 Tsg P.DHANABAL, J.,

Tsg CRL OP.No.29203 of 2023 28.12.2023