P.Rajan v. The Inspector Of Police

G.K.ILANTHIRAIYAN, J.

The petitioner who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 506(ii) IPC and Section 4 of Women Harassment Act, in Crime No.10 of 2014, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant, she was a widow and that the petitioner herein married her in the year 2000 and through him she delivered a child in the year 2003. Now the petitioner is completely denying the very paternity of the child. Hence, this complaint.

3. The learned counsel for the petitioner submitted that this Court by an order dated 31.10.2014, granted interim anticipatory bail to the petitioner in Crl.O.P.No.13365 of 2014 with certain conditions.

4. In view of the above submission, the interim anticipatory bail

already granted to the petitioner in Crl.O.P.No.13365 of 2014 dated 31.10.2014 is made absolute on the following conditions:- [a] the petitioner shall report before the respondent police daily at 6.30 p.m until further orders for interrogation. [b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioner shall not abscond either during investigation or trial.

[d] The Police is directed to immediately take the petitioner herein and the child for subjecting them to DNA. [de On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner 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.

07.07.2022 (1/3) ata G.K.ILANTHIRAIYAN, J.

ata 07.07.2022 (1/3)