Mohammed Usman Khan v. The State Rep By Its,

CRL.O.P.No.29222 of 2023 P.DHANABAL, J.

The petitioners/A4 and A5, who apprehend arrest at the hands of the respondent police for the offences punishable under Section Non Act, Accidental Fall and later it was altered to Sections 498(A), 354 IPC read with Section 4 of the Tamil Nadu Prohibition of Women Harassment Act in Crime No.87 of 2023 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that, on 08.04.2023, the defacto complainant one Syed Karimudheen has lodged a complaint before the respondent police stating that his sister (victim) got second marriage with one Sajith Khan and due to some misunderstanding between them, the said Sajith Khan left her in the defacto complainant's house. Subsequently, the victim attempted suicide by jumping from the floor and sustained injuries. Hence, this case.

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3. The learned counsel for the petitioners submitted that there were no specific overact against these petitioners and they have been falsely implicated in this case. Thus, he prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) submitted that the co-accused A1 to A3 had been arrested and released on bail and he also submitted that these petitioners are in-laws.

5. Heard both sides and perused the materials available on record.

6. Considering the submissions made on either side and considering the fact that the co-accused had been released on bail and the fact that these petitioners are in-laws and also considering the nature of offences, this Court is inclined to grant anticipatory bail to the petitioners, subject to the following conditions:

7. 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 2/5

from the date on which the order copy made ready, before the learned Additional Mahila Judge, Egmore, 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 learned Magistrate concerned and on further condition that: [a] the petitioners shall report before the respondent police daily at 10.30 a.m., until further orders. [b] the petitioners shall not tamper with evidence or witness either during investigation or trial. [c] the petitioners shall not abscond either during investigation or trial.

[d] 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].

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

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P.DHANABAL, J.

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