Jayabalan v. State Rep By

Crl.O.P.No.18062 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioner, who apprehends arrest for the alleged offence under Section 306 IPC in Crime No.259 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner, who is the father of A2 questioned the defacto complainant one Kalpana about the love affair between her and his son and abused her in filthy language and assaulted her. Therefore, the said Kapana lodged a complaint before the respondent police and committed suicide by consuming poison. Hence, the case.

3. The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution. Hence, he prays to grant anticipatory bail to the petitioner. 4.The learned Additional Public Prosecutor appearing for the

respondent submitted that the petitioner questioned the defacto complainant about her illicit relationship with his son and abused her in filthy language and assaulted her. Therefore, the said Kapana lodged a complaint before the respondent police and committed suicide by consuming poison. He further submitted that there is one previous case pending against the petitioner under Women Harassment Act. Hence, he vehemently opposed to grant anticipatory bail to the petitioner. .

5. Considering the facts and circumstances of this case, the custodial interrogation of the petitioner does not require. Hence, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions:-

6. Accordingly, the petitioner is 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 Judicial Magistrate, Arni on condition that the petitioner 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 petitioner 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 petitioner shall report before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter as and when required for interrogation.

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

[d] the petitioner 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court G.K.ILANTHIRAIYAN, J.

Anu

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 abscond, a fresh FIR can be registered under Section 229A IPC.

03.08.2022 Anu Crl.O.P.No.18062 of 2022