Selvaraj v. State Rep By

A.D.JAGADISH CHANDIRA , J.

The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 406, 498(A) I.P.C. in Crime No.55 of 2022, on the file of the respondent police, seek bail.

2.The case of the prosecution as per the defacto complainant is that the petitioners are her father in law and mother in law. They have demanded money for the purchase of land and the defacto complainant gave 10 sovereigns of gold jewellery. Thereafter, after two years they have demanded money for construction of house. They have also abetted A1, her husband to marry another girl when their marriage was in subsistence. Hence the complaint.

3.Learned counsel appearing for the petitioners would submit that the petitioners are none other than the parents of A1. Due to some dispute, they are living separately and they have no role to play in the said offence. 1/4

He would further submit that the main accused in this case has been granted anticipatory bail by this Court vide Crl.O.P.No.24342 of 2022 dated 06.10.2022.

4.Learned Government Advocate (Crl.side) vehemently oppose, stating that the petitioners are the parents of A1. They have demanded money from the defacto complainant for the purchase of land and construction of house. They have also abetted A1 to marry another woman when the marriage between the defacto complainant and A1 was in subsistence. He added that the main accused in this case has been garnted anticipatory bail by this Court vide Crl.O.P.No.24342 of 2022 on 06.10.2022.

5.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side). Perused the materials placed on record, including F.I.R.

6.Taking note of the facts and circumstances and the submissions 2/4

of the learned counsel for the petitioners that the petitioners are only the parents of A1 and also considering the fact that the main accused in this case has been granted anticipatory bail by this Court, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7. Accordingly, the petitioners 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 Additional Mahila Court, Coimbatore, on condition that the petitioners shall execute separate a 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;

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[b] the petitioners shall report before the respondent police A.D.JAGADISH CHANDIRA.J kas everyday 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]; and;

[f] if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

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