Muthusamy v. The State Rep.By

K.KUMARESH BABU , J.

The petitioners seek anticipatory bail in Crime No.160 of 2024 registered by the respondent Police for the offences under Sections 294(b), 352, 506(2) IPC.

2. The case of the prosecution is that the defacto complainant and the second petitioner got married in the year 2017 and the defacto complainant went to Canada in the year 2019. Thereafter, the second petitioner acquainted with one Arun and married him on 01.06.2023. But the first petitioner without asking anything to the second petitioner, called the defacto complainant over the phone and abused him in filthy language and also threatened him. Hence this complaint.

3. The learned counsel for the petitioners submitted that there was a divorce case pending between the defacto complainant and the second petitioner and in order to wreak the vengeance, the defacto complainant gave a false complaint against the petitioners. Hence, he prayed for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that due to matrimonial dispute, the petitioners 1/4

abused the defacto complainant in filthy language and threatened him. He further submitted that the investigation is almost completed.

5. Taking all the factors into consideration and also the fact that the investigation is almost completed, I am 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 fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate- I, Coimbatore on condition that the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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 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 10.00 a.m., for a period of two weeks 2/4

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];

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

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K.KUMARESH BABU , J.

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