Dinesh v. The Inspector Of Police,

C.V.KARTHIKEYAN,J.

The petitioner/A1 who apprehends arrest at the hands of the respondent Police for the offences under Sections 294(b), 417, 493 of IPC in Crime No.12 of 2023, seeks anticipatory bail. 2.Heard the learned counsel for the petitioner and the learned Government Advocate (crl.side).

3.It is stated that the defacto complainant had been in relationship with the petitioner herein and he also promised to marry her. Trusting his words, she continued with the said relationship. But however, he had married another woman and also registered the said marriage. 4.The earlier application seeking anticipatory bail filed by the petitioner was dismissed by this Court on 24.11.2023 in Crl.O.P.No.26582 of 2023. Subsequent to that date, A2 and A3 had been granted anticipatory bail. Further, in the status report filed by the respondent, it had been stated that 9 witnesses have been examined and their statements have been recorded and the defacto complainant had also been sent for medical examination to the Government Medical College and Hospital, Thiruvarur and report had also been received.

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5. It is also stated that the statement under Section 164 Cr.P.C from the victim girl had also been recorded before the learned Judicial Magistrate No.II, Mannargudi.

6.In view of the fact that the substantial investigation has been completed, I am inclined to grant anticipatory bail to the petitioner subject to the following conditions:

7.Accordingly, the petitioner 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 on which the order copy made ready, before the Judicial Magistrate No.II, Mannargudi on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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 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 petitioner shall report before the respondent Police daily at 10.30 a.m., until further orders.

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[c] the petitioner shall not abscond either during investigation or trial.

[d] the petitioner shall not tamper with evidence or witness 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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