Raja @ Rajasekaran v. State Rep By Inspector Of Police

C.V.KARTHIKEYAN, J.

The petitioners, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 498-A, 406 and 506(ii) of I.P.C, in Crime No.10 of 2022 on the file of the respondent police, seek anticipatory bail.

2.The first petitioner was married to the de-facto complainant. The second petitioner is the brother of the first petitioner. The third petitioner is the mother of the first petitioner. The fourth petitioner is the sister-in-law of the first petitioner. The marriage between the first petitioner and the de-facto complainant took place on 15.03.2021.

3. It is stated that the 1st petitioner and the de-facto complainant had entered into a settlement before the Mediation and Conciliation Centre, High Court, Madras and this settlement is signed by the first petitioner and the de-facto complainant.

4. Taking into consideration the facts and circumstances of the case and the submissions made by the learned counsel on either side, this Court is inclined to grant anticipatory bail to the petitioners.

5. Accordingly, the petitioners are ordered to be released on

bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Metropolitan Magistrate, Saidapet, on condition that the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties 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 first and the second petitioners shall report before the respondent Police, on everyday at 10.30 a.m., for a period of period of three weeks; and the third and fourth petitioners shall appear before the respondent police once in a week for a period of three weeks;

[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]. [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

12.02.2024 nvi

C.V.KARTHIKEYAN, J.

nvi Crl.O.P.No.21569 of 2023 12.02.2024