Selvakumar v. Inspector Of Police

C.V.KARTHIKEYAN,J.

The petitioners (A1 to 7) seek anticipatory bail in Crime No.1 of 2024, registered by the respondent police for the offences punishable under Sections 147, 294(b), 323, 494 and 506(i) of IPC read with 4 of TN Prohibition of Harassment of Women Act 2002.

2. It is stated that the defacto complainant had married the first accused on 13.08.2018 and they have a child. It is stated that however, the first petitioner had married the second petitioner subsequently. A complaint had been lodged and FIR also registered.

3. The learned counsel for the petitioners stated that the respondents 3 & 6 are not involved in the particular marriage. 4.Taking all the factors into consideration, I am inclined to grant anticipatory bail to the petitioners 2 to 7 subject to the following conditions:

5.Accordingly, the petitioners 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 learned Judicial Magistrate-II, Virudhachalam, on condition that the petitioners 2 to 7 shall execute separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) 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 2 to 7 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 2 to 7 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 petitioners 2 to 7 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 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.

The learned Counsel appearing for the petitioner seeks permission of this Court to withdraw this petition and he has also made an endorsement to that effect.

6. In view of the above submission and also the endorsement made by the learned counsel for the petitioners, this Criminal Original Petition is dismissed as withdrawn in respect of the first petitioner. The criminal original petition is ordered in respect of the petitioners 2 to 7.

14.03.2024 rli C.V.KARTHIKEYAN,J.

rli 14.03.2024