S Pothumponnu v. Inspector Of Police
A.D.JAGADISH CHANDIRA, J.
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 448, 368 and 366 of IPC in Crime No.102 of 2023, seeks anticipatory bail.
2. The case of the prosecution as per the de facto complainant S.Sasikumar is that he got married one Priya against the wishes of her parents and that, on 16.02.2023, some persons claiming to be the relatives of the parents of Priya come to the house of the de facto complainant and assaulted the de facto complainant's grand mother and kidnapped his wife. Hence the case.
3. The learned Counsel for the petitioner would submit that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is mother of the de facto complainant's wife and that, the de facto
complainant had given a false complaint. He would also submit that the petitioner is ready and willing to furnish solvent sureties and to abide by any stringent condition that may be imposed on her. Hence, he prays for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side) for the respondent would submit that the petitioner is mother of one Priya (de facto complainant's wife) and the de facto complainant got married the said Priya against the wishes of her parents and her family members and thereby, the petitioner had engaged rowdy elements, who kidnapped the de facto complainant's wife. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.
5. Heard both sides and perused the materials available on record including the FIR.
6. Taking into consideration the facts and circumstances of the case, the submissions made by Counsel on either side, this Court is inclined to
grant anticipatory bail to the petitioner with certain conditions.
7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Mettupalayam, Coimbatore District, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 his Aadhar card or Bank pass Book to ensure their identity.
[b] the petitioner shall report before the respondent police every day at 10.30 a.m., for a period of one week and thereafter every Saturday at 10.30 a.m., until further orders.
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial. [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.
16.03.2023 arb A.D.JAGADISH CHANDIRA, J.
arb 16.03.2023