M.Sekar v. Iop, Chennai
A.D.JAGADISH CHANDIRA,J.
The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 498(A), 420, 406 of IPC, in Crime No. 4 of 2022, seek anticipatory bail.
2. The case of the prosecution is that as per the defacto complainant, the marriage between her and the A1 was solemnized on 24.05.2021 and further allegation is that A1 had already married one Sathya and suppressing the same, he had married the defacto complainant. It is also alleged that the petitioners who are the relatives of her husband had misappropriated the jewels that was given at the time of their marriage. Hence the case.
3. The learned counsel for the petitioners would submit that it is a case of a matrimonial dispute which has been exaggerated and the petitioners are unnecessarily dragged in this issue. He would further submit that A1 in this case was granted Anticipatory Bail by this Court in Crl.O.P.No.8685 of 2022 dated 18.04.2022. Therefore, he prays for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (crl.side) would submit that the petitioners who are the relatives of the husband have taken the jewels of the defacto complainant and have refused to return the same. Further he would submit that the case of matrimonial dispute is pending. However, he vehemently opposed to grant anticipatory bail to the petitioners.
5. Taking note of the facts and circumstances, 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 his appearance, within a period of fifteen days from the date on which the order copy made ready, before the Additional Judicial Magistrate Court, Mahila Court, Egmore on condition that the petitioners shall execute separate bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 every day at 10.30 am for a period of two weeks and thereafter as 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].
A.D.JAGADISH CHANDIRA,J gd [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC. 23.09.2022 gd