Mageswari v. Inspector Of Police
Crl.O.P. No. 11953 of 2023 V.LAKSHMINARAYANAN, J.
The petitioners / 2nd and 3rd accused, who apprehend arrest at the hands of the respondent police for the alleged offences under Sections 294(b), 323 and 506(i) of I.P.C., in Crime No.74 of 2023 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the defacto complainant is the daughter-in-law of the 1st petitioner and sister-in-law of the 2nd petitioner. Due to some family dispute, the defacto complainant and the 1st accused lived separately at Needamangalam with their child. It is alleged in the complaint that on 04.05.2023, the 1st accused in this case picked a quarrel with the defacto complainant and taken away the child to the house of the 1st petitioner due to which the defacto complainant came to the house of the 1st petitioner. At that point of time, he 1st petitioner abused the defacto complainant with filthy language and the 2nd petitioner kicked the defacto complainant with legs on her stomach and the 1st accused fisted on her face and thereafter, threatened her into dire consequences. Hence, the complaint. 1/4
3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case. He would submit that they are ready to cooperate with the investigation and also abide by any condition imposed by this court. Hence, they prayed to grant anticipatory bail to the petitioners. Hence, he prayed to grant anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl. Side) appearing for respondent raised objection stating that the there are three accused and the petitioners have also involved in the case. He would further submit that the investigation is yet to be completed. If at all they are granted anticipatory bail, they will tamper the witnesses and hamper the investigation. Therefore, he vehemently opposed to grant anticipatory bail to the petitioners.
5. Considering the above facts and circumstances of the case and considering the fact that the investigation is almost completed, this Court is 2/4
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 his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned District Munsif cum Judicial Magistrate, Needalmangalam, Thiruvarur District, on condition that the petitioners 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 petitioners shall appear before the respondent police as and when required for the investigation.
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V.LAKSHMINARAYANAN, J.
rpl [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.
26.05.2023 rpl Crl.O.P. No. 11953 of 2023 4/4