Ayyappan v. Inspector Of Police
C.V.KARTHIKEYAN, J.
The petitioner / A1, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 498A and 420 IPC in Crime No.15 of 2022, seeks anticipatory bail. 2.The marriage between the petitioner and the defacto complainant was registered on 09.09.2021 and the marriage ceremony was performed as such on 01.12.2021. It is the allegation of the defacto complainant that ever since that date she had been treated with cruelty. 3.Let me not answer any of these allegations. This Court had granted protection to the petitioner to appear before the respondent and he did in fact appear before the respondent and it is stated by the learned Government Advocate (Crl. Side) that both the petitioner and the defacto complainant have expressed willingness to stay together. It is hoped that such statement is stated out of heart and not to get a relief from this Court. Be that as it may, anticipatory bail is granted to the petitioner with 1/4
certain condition.
4.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Ambattur, on condition that the petitioner shall execute a 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 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., for a period of two weeks and thereafter as and when required for interrogation. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial. 2/4
[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].
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
27.02.2024 smv 3/4
C.V.KARTHIKEYAN , J.
smv 27.02.2024 4/4