Vishwanathan v. State Inspector Of Police
G.K.ILANTHIRAIYAN, J.
The petitioners who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 498A, 495, 417, 406, 294(b), 468 and 506(ii) of IPC, in Crime No.08 of 2022, seek anticipatory bail.
2. The case of the prosecution is that the first accused suppressed his illegal affair with another lady and he had pledged the jewels of the defacto complainant without her knowledge. 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. He would further submit that the matter will be settled, if the matter is referred before the Mediation Centre. Therefore, he prays for grant of anticipatory bail to the petitioners.
4. The learned counsel for the Intervener submitted that all the petitioners suppressed the earlier marriage and the first accused married the defacto complainant and have also pledged the jewels which were presented for her marriage. A1 was already arrested and remanded to judicial custody.
5. The learned Additional Public Prosecutor would submit that the first accused and others suppressed the illegal affair with another lady and he had pledged the jewels of the defacto complainant. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.
6. Considering the above facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
7. 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
learned XXIII Metropolitan Magistrate, Saidapet, 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] This matter is referred to Mediation and Conciliation Centre, attached to this Bench. The first and second petitioners are directed to appear before the Mediation Centre on 08.08.2022. The defacto complainant is also directed to appear before the Mediation Centre on that day and send a mediation report before this Court, within a period of four (4) weeks thereafter.
[c] the petitioners shall report before the respondent police 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.
[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 abscond, a fresh FIR can be registered under Section 229A IPC.
21.07.2022 mn
G.K.ILANTHIRAIYAN, J.
mn 21.07.2022