Bharathi (A-2) v. The State Rep. By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13-12-2024
CORAM
THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 31235 of 2024 1.Bharathi 2.Kuppusamy 3.Selvakumar 4.Kathiresan @ Suresh Petitioner(s) Vs The State Rep. By The Inspector Of Police, All Women Police Station, Ennore, Chennai.
(crime No.28/2024) For Petitioner(s) : Mr.T.Saravanan For Respondent(s) : Mr.S.Santhosh Govt.Advocate (Crl.side)
ORDER
Apprehending arrest in connection with Crime No.28 of 2024 registered for the offences punishable under Section 85 of BNS, 2023 the present petition has been filed by the petitioners seeking anticipatory bail.
2. Pleading innocence on the part of the petitioners, false implication in the case, learned counsel for the petitioners seek indulgence of this Court. The learned counsel for the petitioners submitted that due to misunderstanding, matrimonial dispute, false complaint has been given 1/5
against the petitioners. He would further submit that the 1st petitioner's son has filed a petition for divorce and on counter-part, false complaint has been given. 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 put forth by the learned Government Advocate (Crl.side) appearing for the respondent police, opposing for grant of bail, is that the marriage between the defacto complainant and the 1st and 2nd petitioner's son was solemnized on 21.02.2024. Thereafter, the petitioners along with their son demanded dowry and thereby harassed the defacto complainant.
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. 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 of receipt of a copy of this order, before the learned Judicial Magistrate, Tiruvottriyur, on condition that each petitioner shall execute a bond for a sum of Rs.10,000/- 2/5
(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 petitioner 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.
[b] the petitioner shall report before the respondent police everyday at 10.30 a.m., until further orders. [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 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].
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[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.
18.12.2024 rpl 4/5
A.D.JAGADISH CHANDIRA, J.
rpl 18.12.2024 5/5