Selvaraj v. The State Rep By

Crl.O.P.No.20490 of 2024 P.DHANABAL, J.

The petitioners apprehend arrest for the alleged offences under Sections 294 (b), 506 (i), 417 and 376 (2) (n) of I.P.C in Crime No.42 of 2024, on the file of the respondent police, seeks anticipatory bail. 2.

The case of the prosecution is that the de facto complainant was a window and she was in love with the first accused. Under the pretext of marriage, the first accused and the de facto complainant had sexual intercourse and subsequently, the first accused along with the other petitioners threatened the de facto complainant. Hence, the complaint. 3.

The learned counsel appearing for the petitioners submits that the petitioners had not committed any offence as alleged and the petitioners had been falsely implicated in this case. He further submitted that the petitioner are ready and willing to furnish substantial sureties for their due release and abide by any condition that may be imposed by this Court and therefore, he prayed to grant anticipatory bail to the petitioners.

4.

The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that the first accused under the pretext of marrying the de facto complainant had sexual intercourse with her and the first accused along with the petitioners threatened the de facto complainant and that the first and second petitioners are the parents of the first accused and the third petitioner is the brother of the first accused and also considering the gravity of offence, he opposed for grant of anticipatory bail to the petitioners .

5.

Considering the representations made by both sides and taking into consideration of the fact that the main accused was released on bail and investigation is almost completed and also considering the nature of offences charged against the petitioners and that there are no previous cases as against the petitioners, 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 their appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order before the Learned Judicial Magistrate Thirukkoilur condition that the petitioners shall

execute a bond for a sum of Rs.10,000/- (each) (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 and on further condition that:

[a] the petitioners shall report before the respondent police on every Saturday, until further orders. [b] the petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts of the Court or to any police officer.

[c] the petitioners shall not leave India without the previous permission of the Court.

[d] the petitioners shall not abscond either during investigation or trial.

[e] the petitioners shall make himself/herself available for interrogation by a police officer as and when required. [f] 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].

[g] If the petitioners thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.

23.08.2024 vca

P.DHANABAL, J.

vca Crl.O.P.No.20490 of 2024 23.08.2024