Raja v. The Inspector Of Police

Crl.O.P.No.10114 of 2016 B.GOKULDAS, J.

The petitioners/A1 to A3, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 498[A] of IPC r/w Section 4 of Women Harassment Act and Section 306 IPC in Crime No.143 of 2016 on the file of the respondent police, seek anticipatory bail.

2. The learned counsel for the petitioners submitted that the 1st petitioner is the husband and petitioners 2 and 3 are mother-in-law and brother-in-law of the de facto complainant. Due to some misunderstanding between the petitioners and the de facto complainant, they have been falsely implicated in this case.

3. The learned Government Advocate [Crl.side] represented that the 1st petitioner demanded a sum of Rs.10lakhs from the de facto complainant. Due to the ill-treatment meted out by the de facto complainant, on frustration, she attempted to commit suicide and therefore, he opposed for the grant of anticipatory bail to the petitioners.

4. Heard the learned counsel on either side.

5. Considering the submissions made by the learned counsel for the petitioners, this petition is dismissed insofar as the 1st petitioner is concerned. However, considering the fact that the 2nd petitioner is the mother-in-law and the 3rd petitioner is the brother-in-law of the de facto complainant, this court is constrained to grant B.GOKULDAS, J.

mps/gya anticipatory bail to the petitioners 2 and 3. Accordingly, the petitioners 2 and 3 are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen [15] days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Attur, on condition that the petitioners 2 and 3 shall execute a bond each 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 and on further condition that:

[a] the petitioners shall report before the respondent police daily at 10.30 a.m. till further orders; [b] the petitioners shall not tamper with evidence or witness either during investigation or trial; [c] the petitioners 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 petitioners in accordance with law, as if the conditions have been imposed and the petitioners are 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].

25.05.2016 mps/gya Crl.O.P.No.10114 of 2016