Magesh Kumar v. State Rep By Inspector Of Police

C.V.KARTHIKEYAN,J.

The petitioners seek anticipatory bail in Crime No.23 of 2023 registered by the respondent police for the offence punishable under Sections 498A, 406 & 323 of IPC.

2. It is stated that the 1st petitioner and the defacto complainant, had been married in the year 2004 and there are also two children. As between them, H.M.O.P.No.640 of 2023 is also pending for adjudication before the Sub-court, Ambattur.

3. The defacto complainant has alleged that the 1st petitioner herein had constantly harassed her and had also demanded money from her brother, who is working at United Kingdom.

4. It is however stated on behalf of the respondent that the defacto complainant is also participating in H.M.O.P.No.640 of 2023.

5. Taking into consideration the fact that since the judicial process is in place with respect to the matrimonial relationship between the 1st petitioner and the defacto complainant, this Court is inclined to grant anticipatory bail to the petitioners subject to the following 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 Judicial Magistrate, Ambattur, on condition that the petitioners shall execute separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties 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 1st petitioner shall appear before the respondent police everyday at 10.30 a.m., for a period of two weeks and thereafter, appear before the respondent police weekly once i.e., on every Wednesday at 10.30 a.m., until further orders and the 2nd petitioner shall appear 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 absconds, a fresh FIR can be registered under Section 229A IPC.

11.10.2023 ata

C.V.KARTHIKEYAN,J.

ata 11.10.2023