M. Sabeera Bivi v. State Rep By The Inspector Of Police
RMT.TEEKAA RAMAN, J.
The Petitioners, who apprehend arrest at the hands of the Respondent police for the offence punishable under Section 498-A and 420 of IPC in Crime No.17 of 2023 on the file of the Respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the Defacto Complainant gave a complaint dated 18.05.2023 by making allegations against her husband and the Petitioners herein, who are her Mother in law and uncle stating that they are not allowing the Defacto Complainant to live with her husband. 3.The learned Counsel for the Petitioners would submit that the first Petitioner's son and the Defacto Complainant got married on 15.03.2020, they lived for three months only and thereafter, the Defacto Complainant deserted the matrimonial home. After a period of three years the present complaint has been filed.
A1 was already granted Anticipatory Bail by order of this Court in Crl.OP.No.15548 of 2023 dated 18.07.2023. Hence, the learned counsel for the Petitioners prays for grant of anticipatory bail to the Petitioners. 4.The learned Government Advocate (Crl. Side) for the Respondent would submit that the Petitioners are Mother in law and uncle of the Defacto Complainant and the complaint is arising out of family dispute. He is vehemently opposed to grant anticipatory bail to the Petitioners.
5.Heard both sides and perused the materials available on record. 6.Taking into consideration the facts and the submissions made by the learned counsel on either sides and the fact that A1/husband of the Defacto Complainant was already granted Anticipatory bail by this Court, I am 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 Judicial Magistrate, Ambattur on condition that the Petitioner shall execute a separate 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 Petitioners shall report before the Respondent Police, on every Monday at 10.30 a.m., until further orders;
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[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 Petitioner 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.
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RMT.TEEKAA RAMAN, J.
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