A.Raj v. Police Department

K.KUMARESH BABU, J.

The petitioners, who apprehend arrest at the hands of the respondent police for the offence punishable under Section 498(A) of IPC in Crime No.120 of 2023, seek anticipatory bail.

2. The case of the prosecution is that the 3rd daughter of the de-facto complainant was married to one Rajkumar on 10.06.2022. In the mean time, the son-in-law of the de-facto complainant pledged all the jewels and demanded more money and hence, the 3rd daughter of the de-facto complainant attempted for suicide. Based on the said incident, the de-facto complainant made a complaint and FIR was registered. Hence, the case.

3. The learned counsel for the petitioners submitted that after marriage between the daughter of the de-facto complainant with the 1/5

son of the petitioners, who is the 1st accused (A1), they both went to rental house. The petitioners were falsely implicated by the de-facto complainant with ulterior motive. The petitioners are innocent and they are ready to abide by any condition that may be imposed by this Court. He further submitted that A1 was granted anticipatory bail in Crl.O.P.No.11163 of 2023.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police opposed for grant of anticipatory bail to the petitioners.

5. Heard both sides and perused the materials available on record.

6. Considering the fact that A1 is granted anticipatory bail in Crl.O.P.No.11163 of 2023, this Court is inclined to grant 2/5

anticipatory bail to the petitioners with certain conditions.

7. 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, Thiruvallur, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- each (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 and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate shall obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioners shall report before the respondent police daily at 10.30 a.m. for a period of four weeks and thereafter as and when required for interrogation. 3/5

[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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

17.05.2023 krk/lok 4/5

K.KUMARESH BABU, J., krk / lok 17.05.2023 5/5