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Judgment
The petitioner apprehends arrest for the alleged offences under Sections 75(1) & (2) & 115(2) of BNS Act, 2023, in Crime No.69 of 2026, on the file of the respondent police and seeks anticipatory bail.
The case of the prosecution is that petitioners are father-in-law and mother-in-law of the defacto complainant and it is alleged that the 1st petitioner has misbehaved with the defacto complainant. Hence, the complaint.
The learned counsel for the petitioner submitted that the petitioners are aged persons and they have not any offence as alleged by the prosecution. He further submitted that they are ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed to grant anticipatory bail to the petitioner.
The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the case of the prosecution and opposed the grant of anticipatory bail to the petitioner.
Considering the facts and circumstances of the case, and taking into account the submissions made by both sides and also considering the age of the petitioners, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.
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 on which the order copy is made ready, before the learned Additional Mahila Courta(Judicial Magistrate), Perambalur, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions:
If the petitioner fails to surrender before the concerned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;
The sureties shall affix their photographs and left thumb impression in the application for surety-ship (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;
The petitioner shall report before the respondent Police daily at 10:30 A.M., for a period of two weeks, and thereafter, as and when required for interrogation;
On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner is released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];
If the petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS Act.