Satishkumar v. Inspector Of Police
G.K.ILANTHIRAIYAN, J.
The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 354, 376, 406, 420 & 506(i) of IPC in Crime No.506 of 2022, seek anticipatory bail.
2. The case of the prosecution is that A1 and defacto complainant loved each other from 2018 and A1 promised the defacto complainant to marry her and developed physical relationship. Later, he refused to marry her. Hence, the complaint.
3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they are no way connected with the alleged offence. Hence, he prays for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Criminal Side) appearing for the respondent submitted that there are totally four accused, in which, the petitioners are A3 and A4. A3 is husband of A4. A4 is sister of A1. On the pretext of marriage, the petitioner had physical relationship with the
defacto complainant. Due to which, the defacto complainant got pregnant. A1 with the help of the petitioners/A3 & A4 aborted the child. Thereafter, A1 refused to marry her. He would further submit that A1 was already arrested and remanded to judicial custody. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.
5. Considering the above fact and circumstances of the case, custodial interrogation of the petitioner is not required, 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 is made ready, before the learned Metropolitan Magistrate No.XV, George Town, Chennai, on condition that the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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 petitioners 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 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 absconds, a fresh FIR can be registered under Section 229A IPC.
16.08.2022 Lpp G.K.ILANTHIRAIYAN, J.
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16.08.2022