Allowed

G.Latha @ Deivanayagi v. State Rep. by.

Madras HC8 Sept 2023CRL OP/7269/2023

Case brief

AI extract

What is this about?

A conference petition was filed seeking anticipatory bail for the father and mother of the accused against charges including dowry harassment and unlawful arrest under the IPC. Considering that the accused (wife) had already been granted anticipatory bail, the court granted bail to the petitioners subject to specific conditions.

What did the court decide?

The petitioners were ordered to be released on bail subject to executing a bond, reporting to police daily, and adhering to conditions precedent to bail.

G.Latha @ Deivanayagi Vs State Rep. by. — Dowry and Cruelty | Madras HC (2023)

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Crl.O.P.No.7269 of 2023

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Crl.O.P.No.7269 of 2023

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RMT.TEEKAA RAMAN, J.

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The petitioners, who apprehend arrest at the hands of the respondent police for the offence punishable under Sections 498(A), 323, 342, 354, 354A, 354B and 506(ii) of I.P.C, in Crime No.20 of 2022 on the file of the respondent police, seek anticipatory bail.

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2.The case of the prosecution is that the de-facto complainant married with A1 on 2.7.2020. At the time of marriage A1 informed that he is running pharmacy and apart from that he is doing import and export of toys and cosmetics. Further at the time of marriage, the de-facto complainant provide with 80 soverigns of gold, 1.5kg of silver and house article worth of Rs4 lakhs, apart from that Rs.15 lakhs is given to the accused. The de-facto complainant was compelled to see lot of obscene video. Hence the case.

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The learned Counsel for the petitioner would submit that the petitioners are innocent persons and they have been falsely implicated in this case and they are living separately. Hence, he prayed for grant of anticipatory bail to the petitioners.

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.7269 of 2023

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The learned Government Advocate (Criminal Side) for the

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respondent would submit that A1 is already granted anticipatory bail. The petitioner herein are father and mother of A1. However, he opposed for grant of anticipatory bail to the petitioners.

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Heard both sides and perused the materials available on

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record including the FIR.

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Taking into consideration the facts and circumstances of the

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case and the submissions made by the learned counsel on either side that A1 is already granted anticipatory bail by this Court. Hence, this Court is inclined to grant anticipatory bail to the petitioner.

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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

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the learned Additional Mahila Fast Track Court, Tiruppur on condition that the petitioners shall execute a separate 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 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

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.7269 of 2023

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dismissed and on further condition that:

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[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 petitioners shall report before the respondent Police, on every day at 10.30 a.m., until further orders;

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[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

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[d] the petitioners shall not abscond either during investigation or trial.

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[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].

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

08.09.2023

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Crl.O.P.No.7269 of 2023