R.Saravanan v. State Rep By
G.K.ILANTHIRAIYAN, J.
The petitioners who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 498(A), 294(b), 494 and 506(2) of IPC, in Crime No.13 of 2021, seek anticipatory bail.
2. The case of the prosecution is that the first petitioner and the defacto complainant are husband and wife. It is alleged that the first petitioner along with his family members demanded more dowry from the defacto complainant. It is also alleged that the first petitioner married the second petitioner herein without the knowledge of the defacto complainant when the marriage between the first petitioner and the defacto complainant was in subsistence. When the same was questioned by the defacto complainant, the petitioners and other accused abused the defacto complainant in filthy language and also threatened her with dire consequences. Hence, the complaint.
3. The learned counsel for the petitioners would submit that the petitioners are the innocent persons and they have not committed any offence as alleged by the prosecution. Therefore, he prays to grant anticipatory bail to the petitioners.
4. The learned Additional Public Prosecutor would submit that there are totally 14 accused in which the petitioners are arrayed as A1 and A14. The first petitioner married the second petitioner, without the knowledge of the defacto complainant. The petitioners and other accused also threatened the defacto complainant with dire consequences. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.
5. Considering the above facts and circumstances, this Court is 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 Judicial Magistrate Court at Pennagaram, on condition that each of the petitioners shall 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 first petitioner alone shall report before the respondent police daily at 10.30 a.m for a period of four weeks and thereafter as and when required for interrogation. The second petitioner shall report before the respondent police as and when required for interrogation. [c] the petitioners shall not tamper with evidence or witness either during investigation or trial.
G.K.ILANTHIRAIYAN, J.
mn [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.
18.07.2022 mn