N.M.Nijamudheen v. Inspector Of Police

C.V.KARTHIKEYAN , J.

The petitioner/A6 herein seeks anticipatory bail in Crime No.8 of 2023 registered by the respondent Police for the offences under Sections 294(b), 498(A), 406, 494, 326 and 506(ii) IPC.

2. The learned counsel for the petitioner stated that he has been falsely implicated as an accused in this case. He is innocent. Thus, he seeks anticipatory bail to the petitioner.

3. It is stated that the petitioner is the brother of the 1st accused. There is a doubt whether the 1st accused had married the 3rd accused first or the defacto complainant first.

4. This issue can be examined only during the course of trial. It is also stated that the other accused had been granted anticipatory bail.

5. In view of the fact that since the petitioner is the brother of the 1st accused, who hopefully has not married either the 3rd accused or the 1/4

defacto complainant independently or separately, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. 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 Additional Mahila Court, Egmore, on condition that the petitioner shall execute a 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, daily at 10.00 a.m., for a period of two weeks and thereafter, as and when required. 2/4

[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 petitioner 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; 30.10.2023 gd 3/4

C.V.KARTHIKEYAN , J.

gd 30.10.2023 4/4