Allowed

Sathish Kumar v. The State Rep by

Madras HC23 Sept 2024CRL OP/14939/2024

Case brief

AI extract

What is this about?

Anticipatory bail was granted to petitioners facing allegations under Section 498(A) IPC. The court considered the completion of investigation, lack of previous cases, and likelihood of settlement. Bail was granted with conditions including regular police reporting and non-interference with witnesses.

What did the court decide?

Anticipatory bail granted with conditions of reporting to police, executing bond with sureties, not leaving India, and not interfering with investigation.

Sathish Kumar Vs The State Rep by — Anticipatory Bail | Madras HC (2024)

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Crl.O.P.No.14939 of 2024

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Crl.O.P.No.14939 of 2024

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P.DHANABAL, J.

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The petitioners who apprehend arrest for the alleged offences under Section 498(A) of IPC in Crime No.3 of 2023, on the file of the respondent police, seeks anticipatory bail.

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The case of the prosecution is that the petitioners have

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harassed the de facto complainant. Hence, the complaint.

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The learned counsel appearing for the petitioners submit that the petitioners had not committed any offence as alleged and the petitioners had been falsely implicated in this case. He further submitted that the petitioners are ready and willing to furnish substantial sureties for their due release and abide by any condition that may be imposed by this Court and therefore, he prayed to grant anticipatory bail to the petitioners.

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The learned Government Advocate (Criminal Side) appearing

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for the respondent police submitted that the petitioners have harassed the de facto complainant and the first petitioner is the husband of the de facto

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.14939 of 2024

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complainant. He further submitted that there are no previous cases as against the petitioners and also all the materials were seized and further, considering the gravity of offence, he opposed for grant of anticipatory bail to the petitioners.

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Considering the representations made by both sides and considering the relationship between the parties and as the investigation is also completed and that there are no previous cases as against the petitioners and further, taking into consideration of the fact that the matter is likely to be settled between the parties and also considering other aspects, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

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Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order before the Judicial Magistrate Court, Thirukazukundram on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (each) (Rupees

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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

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Crl.O.P.No.14939 of 2024

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arrest or to the satisfaction of the learned Magistrate concerned and on

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further condition that:

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[a] the petitioners shall report before the respondent police at 10:30 a.m, until further orders.

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[b] the petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade then from disclosing such facts of the Court or to any police officer.

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[c] the petitioners shall not leave India without the previous permission of the Court.

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[d] the petitioners shall not abscond either during investigation or trial.

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[e] the petitioners shall make themselves available for interrogation by a police officer as and when required.

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[f] 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

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P.DHANABAL, J.

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vca

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Crl.O.P.No.14939 of 2024

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

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23.09.2024

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vca

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Crl.O.P.No.14939 of 2024

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Sathish Kumar v. The State Rep by

Case brief

What is this about?

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Sathish Kumar v. The State Rep by

Case brief

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