Riyazdeen 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) of IPC and 4 of Dowry Prohibition Act, 1961, in Crime No.3 of 2022, seek anticipatory bail.
2. The case of the prosecution is that due to matrimonial dispute, the petitioners harassed the defacto complainant and they demanded more dowry from the defacto complainant. It is also alleged that the petitioners threatened her with dire consequences. Hence, the complaint.
3. The learned counsel for the petitioners would submit that already the petitioners were granted anticipatory bail by this Court on 01.04.2022. However, the petitioners were unable to execute the sureties within the time stipulated by this Court. Therefore, the petitioners have again filed the present petition seeking for anticipatory bail.
4. The learned Additional Public Prosecutor admitted that the petitioners were earlier granted anticipatory bail by this Court. However, the petitioners have not executed the sureties as directed by Court.
5. Considering the above fact and circumstances of the case, 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 learned Judicial Magistrate, Additional Mahila Court, Salem, on condition that each of the petitioners shall execute a bond for a sum of Rs.50,000/- (Rupees fifty 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 two weeks and thereafter as and when required for interrogation. The second and third petitioners 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.
[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 abscond, a fresh FIR can be registered under Section 229A IPC.
10.08.2022 mn
G.K.ILANTHIRAIYAN, J.
mn 10.08.2022