Dr.Sajith Ahamed vs State

T.V.Thamilselvi, J

The petitioner who was arrested and remanded to judicial custody on 13.01.2023 for the offences punishable under Sections 294(b), 506(ii) and 195 A of IPC in Crime No.19 of 2023 on the file of the respondent police seeks bail.

The case of the prosecution is that the petitioner married the defacto complainant with 100 sovereigns of Gold and a Car. Thereafter, the petitioner demanded more dowry from the defacto complainant and her parents. Hence, the complaint.

3.Heard learned counsel for the petitioner and learned Government Advocate (Crl.Side).

4.The petitioner stated that without prejudice to his rights, as full and final settlement to pay a sum of Rs.40,00,000/- to the defacto complainant's account on three installments. Further, the petitioner is ready to deposit a sum of Rs.15,00,000/- to the defacto complainant's account on or before 03.03.2023 as first installment due.

Considering the above, this court is inclined to grant interim bail to the petitioner with certain conditions.

Accordingly, the petitioner is ordered to be released on interim bail on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties, (out of which one surety should be blood surety) for a like sum to the satisfaction of the learned 16th Metropolitan Magistrate, George Town and on further conditions 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 is directed to pay a sum of Rs.15,00,000/- by way of Demand Draft to the Defacto complainant on or before 03.03.2023 and also file Memorandum of Understanding before this Court with regard to remaining payment and also to file petition for mutual divorce.

(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioner 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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]; and;

(f )if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC;

For Reporting Compliance on 03.03.2023