Dhinesh v. The State Rep.By Its,
R.KALAIMATHI, J.
The petitioners/A1 to A3, who apprehend arrest at the hands of the respondent police for the alleged offence under Sections 498(A) and 506(i) of IPC, in Crime No.25 of 2023, on the file of the respondent police, seek anticipatory bail.
2. It is the submission of the learned counsel for the petitioners that, petitioners are innocent and they are falsely implicated in this case. Apprehending arrest in Crime No.25 of 2023 registered for the offence under Sections 498(A) and 506(i) of IPC, this petition is filed.
3. In response, learned Government Advocate (Crl.side) submitted that A1 is the husband, A2 is the father-in-law and A3 is the mother-in-law of the de-facto complainant. Due to matrimonial dispute, the petitioners have abused and assaulted the de-facto complainant and also demanded dowry. Hence, he opposed for grant of anticipatory bail to the petitioners.
4. Heard both sides and perused the materials available
on record.
5. Considering the facts and circumstances of this case, this Court is inclined to grant anticipatory bail to the petitioners.
6. Accordingly, petitioners are ordered to be released on bail in the event of their arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned District Munsif Cum Judicial Magistrate I, Madhuranthakam, on condition that petitioners shall execute separate bond for a sum of Rs.25,000/- (Rupees Twenty Five 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.
[b] the petitioners shall report before the respondent police everyday at 10.00 a.m., until further orders.
[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 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.
26.10.2023 mpl/Jeni
R.KALAIMATHI, J.
mpl/Jeni 26.10.2023