Vikram Udhayavarman v. The Inspector Of Police
C.V.KARTHIKEYAN, J.
The petitioners who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 406, 498(A) & 506(i) of IPC in Crime No.6 of 2023, seek anticipatory bail. 2.The petitioners who are son and mother and incidentally the husband and mother-in-law of the defacto complainat. 3.It is stated that the marriage between the 1st petitioner and the defacto complainant took place on 10.06.2022 and they were blessed with one male child. But however, there appears to be incessant quarrel between them and it is the contention of the learned counsel for the defacto complainant who had been permitted to make representation that there has been a specific bank transfer for a sum of Rs.3,50,000/- to the account of the 1st petitioner herein. It is stated that the transfer was made on specific demand for dowry and there was also transfer of cash payment to the 1st petitioner.
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4.Taking all these factors into consideration, particularly also because of the fact that the marriage is still subsisting and there is also a male child, anticipatory bail is granted to the petitioners on condition that they jointly or individually deposit a sum of Rs.2,00,000/- (Rupees Two Lakhs only) into Court to the credit of Crime No.6 of 2023 before the Judicial Magistrate - I. On such deposit, the learned Judicial Magistrate - I, Ambattur, may hand it over to the defacto complainant.
5. Accordingly, the petitioners are ordered to be released on 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 - I, Ambathur, on condition that each one of 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 the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on 2/4
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 1st petitioner shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation and the 2nd petitioner shall report before the respondent police weekly once i.e., on every Monday 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 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].
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C.V.KARTHIKEYAN , J.
smv [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
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