Amaranathan v. State Rep By
Dr.G.JAYACHANDRAN, J., The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences under Sections 498 (A), 406, 323 of IPC, in Crime No.9 of 2022, on the file of the respondent police, seek anticipatory bail.
2.
The present complaint is by the father-in-law of the first accused alleging that his daughter was married to the first accused on 31.10.2011 and they have not treated his daughter properly and she was harassed by the accused persons. Besides that, they refused the defacto complainant even to see his daughter. Thereafter, on 16.06.2021, suddenly the accused persons brought the defacto complainant's daughter to his house and left her with him. Later, he found that his daughter is not in good mental health and she is in depressed state of mind and his daughter is under treatment. 3.
The petitioners herein, seek anticipatory bail, are father-in-law, mother-in-law and sister-in-law of the defacto complainant's daughter viz., Jayashree.
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4. The learned Government Advocate (Crl.Side) for the respondent Police states due to ill treatment met by the daughter of the defacto complainant viz., Jayashree, now she is under medical care and psychiatric treatment. 5.
Considering the nature of the case, this Court is of the view that the custodial interrogation of the petitioners is not required in this case. Hence, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6.
Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of seven days from the date of receipt of a copy of this order, before the learned Judicial Magistrate I, Thiruvallur, on condition that each of the petitioners shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty thousand Only), with two sureties, each for a like sum to the satisfaction of the learned Magistrate, failing which the anticipatory bail shall stand canceled 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 Court concerned may obtain a copy of their Aadhar card or Bank 2/4
pass Book to ensure their identity;
(b) the petitioners shall report before the Investigating Officer, daily at 10.30 a.m., until further orders. The petitioners shall meet the medical expenses of the daughter of the defacto complainant.
(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]; and;
(f) if the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.
09.03.2022 mn/rts 3/4
Dr.G.JAYACHANDRAN,J.
mn 09.03.2022 4/4