Karthik v. The State Rep By Its,
C.SARAVANAN, J.
The petitioners apprehend arrest at the hands of the respondent police for the offence punishable under Sections 498(A), 294(b), 354, 506(i) of IPC in Crime No.7 of 2024, seek anticipatory bail.
2. The case of the prosecution is that the first petitioner is the husband of the de facto complainant. While the second, third and fourth petitioners are the in laws (Father-in-law, Mother-in-law and Sister-inlaw) of the de facto complainant.
3. The facts that are in record indicates that the first petitioner and the de facto complainant got married on 24.04.2023 and on 28.01.2024, the de facto complainant left matrimonial home. According to the first petitioner, the de facto complainant has demanded an independent matrimonial home, away from the in-laws i.e., second, third and fourth petitioners. Hence, the complaint.
Page No.1 of 5
4. The learned counsel for the petitioners would submit that the fourth petitioner is not even staying with the parents and stayed away in Vellore District and has been unnecessarily arrayed as accused in Crime No.7 of 2024. Therefore, he prays to grant anticipatory bail to the petitioners.
5. The learned Government Advocate (Criminal Side) would submit that prima facie there is a domestic dispute between the first petitioner and his wife (de facto complainant), in which the first petitioner's father, mother and sister have been embroiled in Crime No.7 of 2024. Hence, he opposed to grant anticipatory bail to the petitioners.
6. Heard both sides and perused the materials available on record.
7. Considering the same, this Court is inclined to grant anticipatory bail to all the petitioners with certain conditions.
8. 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 Page No.2 of 5
from the date on which the order copy made ready, before the Judicial Magistrate, Polur, on condition each 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 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 first petitioner shall report before the respondent police station every Saturday at 10.30 a.m., until further orders.
[c] the second, third and fourth petitioners 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.
[d] the petitioners shall not tamper with evidence or witness either during investigation or trial. [e] the petitioners shall not abscond either during investigation or trial.
Page No.3 of 5
[f] 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].
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
22.05.2024 jas Page No.4 of 5
C.SARAVANAN, J.
jas 22.05.2024 Page No.5 of 5