Mansurali Mansoor Ali M v. State Rep By Inspector Of Police

C.V.KARTHIKEYAN,J.

The petitioner/A1 has filed Crl.O.P.No.1120 of 2024 and the petitioners/A2 and A3 have filed Crl.O.P.No.157 of 2024, both in Crime No.15 of 2023, registered by the respondent police for the offences under Sections 498(A), 294(b) and 506(2) of IPC, seek anticipatory bail. 2.It is the case of the prosecution that the defacto complainant had married the petitioner/A1 in the year 2018 and thereafter, there were differences of opinion between them which led to the filing of the complaint.

3.The learned Government Advocate (Crl. Side) for the respondent had forwarded a statement recorded from the defacto complainant on 07.02.2024 wherein, there appears to be some meeting of minds between the accused and the defacto complainant.

4.Taking that factor into consideration, I am inclined to grant anticipatory bail to the petitioners in both the Criminal Original Petitions subject to the following conditions:

5.Accordingly, the petitioners in both the criminal original petitions are ordered to be released on anticipatory 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 the Judicial Magistrate, Thiruthuraipoondi, on condition that the petitioners shall execute separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties 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 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.

[b] the petitioners shall report before the respondent police once in a week i.e., on Monday at 10.30 a.m., for a period of one week and thereafter, as and when required for interrogation. [c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioners 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 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].

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

14.02.2024 ata

C.V.KARTHIKEYAN,J.

ata 14.02.2024