L S P Madhan v. State Rep By

A.D.JAGADISH CHANDIRA , J.

Apprehending arrest in connection with Crime No.09 of 2024 registered for the offences punishable under Section 498(A) of IPC, the present petition has been filed by the petitioners seeking anticipatory bail.

2. Pleading innocence on the part of the petitioners, false implication in the case, learned counsel for the petitioners seek indulgence of this Court. He further submits that the native of defacto complainant is Tirunelveli and she is not willing to stay with her in laws. Hence, she moved to a house separately with her husband. When the same was denied, a false complaint has been given and that the petitioners are ready to abide by any stringent condition that may be imposed by this court.

3. The case of the prosecution as per the defacto complainant, as put forth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of bail, is that the defacto complainant, Page No.1 of 4

Nishanthi got married to A1 on 27.10.2023. At the time of marriage, the parents of the defacto complainant had given 40 sovereigns of jewels and Rs.1 lakh as cash. The further allegation is that the accused had demanded further 80 sovereigns of jewels and harassed her and also driven her out of her matrimonial house.

4. Having heard the learned counsel for the petitionesr and the learned Government Advocate (Crl. Side) for the respondent Police and perused the materials available on record, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions and accordingly, he 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 of receipt of a copy of this order, before the learned Judicial Magistrate, Thirukazhukundram, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each, 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 Page No.2 of 4

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 four weeks and thereafter as and when required for interrogation. Petitioners 2 and 3 shall appear before the respondent everyday at 10.30 a.m., for a period of one week and thereafter, as and when required for interrogation and the fourth respondent shall report before the respondent 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 Page No.3 of 4

Kerala [(2005)AIR SCW 5560].

A.D.JAGADISH CHANDIRA , J.

Anu [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.

27.11.2024 Anu Page No.4 of 4