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Madras High CourtCRL OP/23362/2023granted

Selvakumar v. Inspector Of Police

2023-10-12Honourable Mr Justice C.V. Karthikeyan4 pages

C.V.KARTHIKEYAN,J.

The petitioners/ A1 and A2 seek anticipatory bail in Crime No.16 of 2023 registered by the respondent police for the offence punishable under Sections 498 A, 506 (1) of IPC.

2. It is stated that the first petitioner had married the defacto complainant. It was an inter religious marriage and there was a dispute about the performance of pooja and thereafter, complaint has been given which has been escalated.

3. Taking into consideration of the facts, this Court is inclined to grant anticipatory bail to petitioners with the following conditions:

4. 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 Judicial Magistrate -I, Kallakuruchi, on condition that each of the petitioners shall execute separate bonds 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 petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of three weeks and thereafter as and when required for interrogation and the second petitioner shall report before the respondent police 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].

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

12.10.2023 nst/vv

C.V.KARTHIKEYAN,J.

nst/vv 12.10.2023