Abdhul Rahim v. Police Department

Crl.O.P.No.11657 of 2023 and Crl.M.P.No.7325 of 2023 V. LAKSHMINARAYANAN, J.

The matter is listed 'for being mentioned' today. Originally when the matter was listed before me, the learned Government Advocate (Crl.Side) had represented that further action had been dropped. Recording the same, I dismissed the anticipatory bail petition on 26.05.2023.

2. Subsequently, the learned Government Advocate (Crl.Side) made a mention that he had been given wrong instructions by the respondent police, on the basis of which he had made the submission on 26.05.2023. The petitioners before me are the father-in-law and mother-in-law and the alleged offences are under Sections 498A, 294(b) and 506(ii) of IPC.

3. Mr.L.Gavaskar, learned counsel for the intervenor would submit that the principal actors behind the husband's role are the mother-in-law and father-in-law and would strongly oppose the grant of anticipatory bail.

4. Considering the age and relationship of the parties, I am inclined to grant anticipatory bail to the petitioners who are the mother and father of the husband of the defacto complaint.

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5. Accordingly, the petitioners are ordered to be released on bail in the event of their 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 No.2, Tiruvallur, on condition that the petitioners shall also execute a 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 petitioners shall appear before the respondent police everyday at 10.30 a.m. for the period of four weeks and thereafter, as and when required for the investigation.

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioners shall not abscond either during 2 / 4

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.

19.06.2023 KST 3 / 4

V. LAKSHMINARAYANAN, J.

kst Crl.O.P.No.11657 of 2023 and Crl.M.P.No.7325 of 2023 19.06.2023 4 / 4