IN THE COURT OF LD.

SESSIONS JUDGE, (Place)

CRL.BAIL.APPL. NO. OF 20….

IN THE MATTER OF:

…………………………... …APPLICANTS

VERSUS

State …INVESTIGATING AGENCY

FIR No: …. of 20….

U/S: 500, 506 IPC & s. 3, 4 of the Dowry Prohibition Act, 1961
PS: ……...

APPLICATION UNDER SECTION 438 OF THE CODE OF CRIMINAL PROCEDURE,

1973 ON BEHALF OF ………….. AND ………. SEEKING PRE-
ARREST/ANTICIPATORY BAIL WITH APPROPRIATE DIRECTIONS TO
INVESTIGATING OFFICER/ARRESTING OFFICER IN CASE FIR NO. …. OF 20….,
PS: ……..., TO RELEASE THE APPLICANTS ON BAIL IN THE EVENT OF THEIR
ARREST IN THE SAID CASE

MOST RESPECTFULLY SHOWETH:

1. The Applicant No.1, ………….. s/o ………….. is a retired executive engineer

with the ……….. State Government. Applicant No.2 ……………... is the
wife of Applicant No. 1 and is a retired school principal.

2. The Applicants have been arraigned as Accused persons in FIR No. ….

of 20…. dated ……….., registered at PS …….... The said FIR has been
registered in respect of offences under Sections 500, 506 of the Indian
Penal Code (“IPC”) and Sections 3, 4 of the Dowry Prohibition Act,
1961. The said FIR has been registered on the basis of a written
complaint filed by one …………. with whose daughter, marriage of
Applicant’s son was scheduled. A true typed copy of the FIR No. …. of
20…. registered at PS ………. annexed and marked as Annexure P-1.

3. The allegations made in the said FIR against the Applicants are as
under:
a. That in the month of June/July 20…. the ………...
(“Complainant”) found a match for his daughter Ms. ……... for
the purpose of marriage through the matrimonial site

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 www.chennaimatrimony.com where they came across the profile
of Applicants’ son.
b. That on being satisfied, the Complainant and the Applicant No. 1
started interacting by way of email and exchanged photographs
and bio-data of their children.
c. That the parties subsequently agreed to meet on ………. at the
Applicants’ residence at …….(Place). In the scheduled meeting,
the Applicants specifically stated that they did not want any
dowry and wanted a simple marriage.
d. However, the Complainant stated that since he has only one
child, he would ensure that the marriage is conducted to the best
of his financial resources.
e. That accordingly, a formal engagement ceremony was held in
……... Hotel, Chennai on ………(Date) in which all the expenses
were borne by the Complainant.
f. That the Complainant gave the Applicants and their family
members gifts/money/fruits and sweets on the occasion of the
engagement.
g. That the Applicant No.1 ………... wrote an email dated ……. to the
Complainant sending a list of dowry items which his family
required for different family members and the amount required
for the marriage ceremony. That the Complainant on seeing the
said list accordingly contacted the family of the Applicants and
expressed his inability to spend such an amount. It was decided
in a meeting between Applicant No. 1 and Complainant on ……...
that a total of Rs. 4,50,000/- would be paid by Complainant
towards the wedding as well as an I-20 car would be provided by
the Complainant to the Applicants’ son.
h. However, the Complainant was not able to arrange for the I-20
car on account of financial difficulties and the demands of the
Applicants kept on increasing.
i. On expressing his inability to meet these demands, the
Applicants threatened to file a police complaint against the
Complainant saying that they are influential and the police will
make the Complainant’s life miserable.

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 j. Thereafter, the Applicants called off the marriage and have been
threatening the Complainant and have been spreading rumours
about malicious rumours about his daughter and his family.
k. The estimation of the Complainants has been lowered in the eyes
of society as the Complainant enjoys good standing on account
of the acts of the Applicants and the Applicants have threatened
the Complainant on several occasions.
4. It is submitted that the present case is a false and frivolous case and is
an attempt by the Complainant to humiliate, pressurize, browbeat, and
wreak vengeance on the Applicants and other accused persons.

5. It is submitted that the families met through a matrimonial website and

after having preliminary discussions and meetings agreed to go ahead
with the marriage. It was specified at the outset that the Applicants too
having one married daughter, had no expectations of dowry.

6. On …………., an email was received from the Complainant by Applicant

No. 1 enclosing the expenses details for the engagement ceremony and
there were several rounds of discussions on the phone. Following this,
Applicant No. 1 sent a revised expense sheet for the wedding. It is this
email which the Complainant has mischaracterized.

7. That pursuant to these discussions, on ………..., an advance amount was

given by the Complainant to Applicant No. 1 as his share of the initial
expenses and it was clear that wedding expenses were to be shared by
both sides. The claim that the Complainant was to book an I-20 car for
the Applicants’ son on being pressured by the Applicants is completely
baseless. There is no material to support the Complainant’s statement.

8. On …………..., to the great shock and surprise of the Applicants, the

Complainant informed him that he wanted to call off the wedding as his
daughter was in a relationship with another boy for several years and
was set on marrying him. At this, the Applicants were shattered and
invited the Complainant to discuss the matter. However, thereafter, the
Complainant’s attitude was hostile and he threatened police action
against the Applicants and his family as an act of unjustified vengeance.
Anticipating a false complaint against the Applicants and their family
members, the Applicant No. 2 addressed a letter to SHO, ……..

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 informing him about the aforesaid conduct and seeking help from the
authorities. However, no assistance was forthcoming from the said
authorities as much as no acknowledgement of the said letter was given.

9. In pursuance of the aforesaid threat, the present FIR came to be

registered.

10. At this stage, it is important to point out that the Applicant No. 1 is 69
years old and is a post-cancer patient who requires assistance for even
basic routine activities. Applicant No. 2 is an old aged lady of 65 year
who is also suffering from high blood pressure.

11. The Applicants are law abiding and well respected citizens of society
and have cooperated completely with the investigating authorities on
multiple occasions notwithstanding their failing health. The Applicants
have answered all the phone calls made and notices issued by the police
and have handed over all the material that may be relevant. A copy of
the seizure memo along with the attachments dated 28.11.2014 is
annexed herewith and marked as Annexure B.

12. It is submitted that the custodial interrogation of the Applicants is not

required and therefore, there is no occasion to arrest the Applicants. It is
reiterated that the Applicants are willing to cooperate and join the
investigation at all stages irrespective of their fragile and failing health
conditions.

13. The present Anticipatory Bail Application is being preferred, inter alia,
on the following grounds:

a. That the Applicants are innocent of all alleged

wrongdoings and have been falsely implicated.
b. That the present FIR has been lodged with the sole
intention to harass and humiliate the Applicants.
c. That the present FIR has been lodged as an afterthought to
conceal the preconceived intentions of the Complaint and
his family members to call off the wedding themselves
and to somehow attribute the same to the Applicants and
their family members.

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 d. That, it is evident from the facts and circumstances of the
present case that it has always been the understanding
between the families that all expenses that were to be
incurred for the various functions were to be borne
proportionately.
e. That it was informed to the Complainant and his family
from the outset that the Applicants had no expectation for
any dowry to be received.
f. Despite the allegations, the Applicants are entitled to a
presumption of innocence even at the stage of filing an
application seeking Anticipatory Bail, and not
compromising liberty is one such manifestation of the said
presumption.
g. Incarceration of the Applicants will have grave prejudicial
implications as well as severe reputational damage, to the
Applicants. The Applicants are a well respected family of
the community and have deep roots in society and are not
a flight risk.
h. That the conduct of the Applicants has never been in
doubt and they have appeared before the investigating
authorities as and when required by it and have handed
over the documents required. There is no incriminating
material is to be recovered from or discovered at the
instance of the Applicants and custodial interrogation is
not required.
i. The Applicants are seeking grant of Anticipatory Bail in
terms of the Law declared by the Hon’ble Supreme Court
of India, and various High Courts, Gurbaskh Singh Sibbia
v. State of Punjab, 1980 (2) SCC 565, Siddharam
Satlingappa Mhetre v. State of Maharashtra, 2011 (1)
SCC 694
j. That recently in Arnesh Kumar v. State of Bihar &Ors.
(2014) 8 SCC 273, the Hon’ble Supreme Court while
examining Section 41(1)(b) of the Criminal Procedure
Code has laid down several safeguards which need to be
observed before making an arrest.

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 14. That the present case is false and frivolous case and is an attempt by the
Complainant to humiliate, pressurize, browbeat, and wreak vengeance
on the Applicants and other accused persons. The Applicants are a well
respected family of this society and are law abiding citizens of this
country.

15. That there is no ground for believing that the Applicants shall tamper
with evidence or influence any witnesses. Further, there is no ground for
believing that the Applicants shall flee from justice or in any other
manner subvert the judicial process.

16. That the Applicants are not previous convicts and have no past record of
being involved in any criminal proceedings.

17. That the Applicants undertake to abide by condition(s), if any, that may
be imposed by this Hon’ble Court.

18. That the instant Application is being moved bona fide and may be
allowed in the interests of justice.

19. That great and irreparable hardship shall be caused to the Applicants, if
the present Application is not allowed.

PRAYER
Wherefore, in light of the aforementioned facts and circumstances, it is
prayed that this Hon’ble Court may be pleased to:

A. Direct the Investigating Officer/Arresting Officer in case FIR no. …. of

20…., filed at PS ………... on ……. under Section 500, 506, the IPC and
Section 3/4 the Dowry Prohibition Act, 1961 to release the Applicants
on Bail in the event of their arrest on such terms and conditions as this
Hon’ble Court may direct; and

B. Pass any other order as this Hon’ble Court deems fit.

Applicant No. 1

&

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 Applicant No. 2

Through

ADVOCATES

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