Natarajan v. The State Rep. By Its

C.V.KARTHIKEYAN , J.

The petitioners/A2 to A4 seek anticipatory bail in Crime No.32 of 2023 registered by the respondent Police for the offences punishable under Sections 294(b), 417, 420, 506(i) @ 294(b), 417, 420, 506(i) and 376 of IPC.

2. It is contented by the learned counsel for the petitioner that it was only A1 against that the offence under Section 376 IPC had been alleged. A2 and A3 are said to be the foster parents of A1 and A4 is said to be the biological of A1.

3. It is contented that A1 had a relationship with the defacto complainant for over a period of ten years and had extended promise of marriage to her. On that promise, he also had sexual relationship with the defacto complainant. After using her, he had thrown her in the waste paper basket. She had remonstrated about the particular fact to these petitioners.

4. The learned counsel for the petitioner submitted that A5 has granted bail in District and Sessions Court, Mayiladuthurai in Crl.M.P.No.2137 of 2023 on 10.11.2023 1/4

5.Accordingly, the petitioners are 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 - I Mayiladuthurai , on condition that the petitioner shall execute a separate 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 this Court 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 everyday at 10.30 a.m for a period of two weeks 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 2/4

petitioner 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.

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C.V.KARTHIKEYAN , J.

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