Thirumal Valavan @ Thirumaal v. Inspector Of Police
RMT.TEEKAA RAMAN, J.
The petitioner /A3, who apprehend arrest at the hands of the respondent police for the offence punishable under Sections 294(b), 324 and 506(ii) of IPC, in Crime No.512 of 2023 on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that the de-facto complainant is the father-in-law of the third accused. The marriage of the de-facto complainant's daughter and petitioner took place on February 2023. After few days of marriage, the couple preferred separation. On 29.07.2023, the second petitioner along with her husband i.e., first accused came to her father's house to attend the temple festival. On 31.07.2023, the defacto complainant lodged this complaint with an ulterior motive to harass the family of the petitioner. Hence the case.
3. The learned Counsel for the petitioner would submit that the petitioner is an innocent person and due to matrimonial dispute, the 1st accused was arrested by the respondent-police for the simple reason of
being the husband of the second petitioner. Hence, he prayed for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side) for the respondent would submit that due to matrimonial dispute, the present complaint was lodged by the de-facto complainant. However, he opposed for grant of anticipatory bail to the petitioners.
5. Heard both sides and perused the materials available on record including the FIR.
6. Taking into consideration the facts and circumstances of the case and the submissions made by the learned counsel on either side and the co-accused already arrested and granted bail, this Court is inclined to grant anticipatory bail to the petitioner.
7. Accordingly, the petitioner is 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 learned Judicial Magistrate, Uthukottai 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 petitioner 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 petitioner shall report before the respondent Police, everyday at 10.30 a.m., until further orders;
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial. [d] the petitioner 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 petitioner 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.
22.08.2023 nvi
RMT.TEEKAA RAMAN, J.
nvi 22.08.2023