Pannerselvam v. State Rep By

Crl.O.P.No.27566 of 2023 C.V.KARTHIKEYAN , J.

Petitioners A2 and A3/parents of A1, in Crime No.12 of 2023, registered under Sections 294(b), 417 and 493 IPC, seek anticipatory bail. 2.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.side) for the respondent.

3. Primarily the allegations and the offences under Sections 417 and 493, would lie against the 1st accused. It is stated that he had promised to marry the de facto complainant and thereafter, withdrew from the promise. It is stated that the de facto complainant went to the residence of the petitioners herein. Taking all factors into consideration, anticipatory bail is granted.

4. Taking into consideration the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

5.Accordingly, the petitioners/A2 and A3 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 Judicial 1/5

Magistrate No.II, Mannargudi, the petitioners each 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.

[b] the 1st petitioner/A2 to appear before the respondent everyday at 10.30 a.m.,for a period of two weeks and the 2nd petitioner/A3 to appear before the respondent once a week at 10.30 a.m.,for a period of two 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 2/5

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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