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Judgment
The petitioner apprehends arrest for the alleged offence under Section 498A of Indian Penal Code and Section 4 of the Dowry Prohibition Act, in Crime No.Not known of 2026 on the file of the respondent police seeks anticipatory bail.
The case of the prosecution is that the dispute is matrimonial in nature. The de-facto complainant is the wife of the petitioner. Their marriage was solemnized on 07.07.2023, and they have a female child. The allegation against the petitioner is that he demanded dowry, including a two-wheeler, and subjected the de-facto complainant to cruelty on account of the dowry demand. Hence, the present complaint was filed.
The learned counsel for the petitioner submitted that the petitioner was innocent and that he has been falsely implicated in this case. He further submitted that several litigations are pending between the parties. I.D.O.P.No.19 of 2026, filed in January 2026, is pending on the file of the Principal District Judge, Tiruvallur. M.C.No.7 of 2026, filed in March 2026, is pending on the file of the Family Court, Tiruvallur. Further, D.V.C.No.16 of 2026 is pending on the file of the Additional Mahila Court, Tiruvallur. During the pendency of the above proceedings, the matter was referred to mediation; however, the mediation failed. He further submitted that the wife/de-facto complainant is in the habit of repeatedly harassing the petitioner, thereby causing disturbance to his work as a Music Teacher. He submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court and to co-opearte with the investigation. Hence, he prayed for grant of anticipatory bail to the petitioner.
The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, submitted that the allegations of dowry demand and cruelty against the petitioner are serious in nature. He further submitted that the investigation is pending. Hence, he strongly opposed the grant of anticipatory bail to the petitioner.
I have given my anxious consideration to either side submissions.
Considering the nature of allegations and litigations pending between the parties, this Court is inclined to enlarge him on anticipatory bail, subject to certain conditions.
Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Magistrate Court at Poonamallee, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions:
If the petitioner fails to surrender before the concerned learned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;
The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;
The petitioner shall report before the respondent Police, daily at 10.30 a.m. for a period of 15 days weeks and thereafter, as and when required for interrogation;
On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];
If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.