S.V.Surya Narayanan v. Inspector Of Police

C.V.KARTHIKEYAN , J.

The petitioners/A1 to A4, who apprehend arrest for the alleged offences punishable under Sections 498A, 406 and 506 (1) IPC, in Crime No.7 of 2023, on the file of the respondent police, seek anticipatory bail. 2.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) on behalf of the respondent. 3.The first petitioner is the husband of the defacto complainant and the other petitioners are his mother and sisters. It is stated by the defacto complainant had given about four sovereigns of gold jewels and a Royal Enfield bike at the time of marriage. It is stated that there was continuous harassment by the petitioners herein as against the defacto complainant. It is under those circumstances, the complaint had been given. 4.There was also a petition pending in M.C.No.3613 of 2023, before the II Additional Principal Judge, Family Court, Bangalore. The respondent was directed to issue notice under Section 41 A Cr.P.C., and the 1/4

learned Government Advocate (Crl.Side) stated that both the first petitioner and the defacto complainant appeared on receipt of the notice, but to the extent possible, though efforts were made, reconciliation seems to be little difficult.

5.Taking all the factors into consideration, this Court is inclined to grant anticipatory bail to the petitioners. 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 XVIII Metropolitan Magistrate Court, Saidapet, Chennai, on condition that the petitioners shall execute a separate 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 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 first petitioner shall report before the respondent police everyday for a period of two weeks and thereafter as and when required for interrogation. The second, third and fourth petitioners shall report before the respondent police once in a week 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].

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

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C.V.KARTHIKEYAN , J.

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