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Judgment
10 paragraphs · 374 words@JUDGMENT-JUDGMENT
The petitioners undertake to appropriately stamp the petition as per the Rules within 48 hours of resumption of normal functioning of the Court. The petition is taken up through video conference on the basis on such undertaking.
The petitioners claim to be distant relatives of the husband of the victim and not involved in any attempt to hurt the victim in any manner.
The State refers to the statement of the victim which clearly records that it was the first petitioner herein who attempted to throttle her and pinned her down. The State also refers to the statement of a minor child of the victim where several of these petitioners have been named as having jointly attempted to administer poison to the victim.
Though the victim has survived, it appears that the victim is not welcome at the matrimonial home or, at any rate, feels threatened at such place.
Considering the possible role of these petitioners, there may not be any need to take them into custody at this stage, but serious conditions need to be imposed.
For a period of two weeks from today, the petitioners will not be arrested in connection with this case unconditionally. If within such period of two weeks from today, the petitioners make a fixed deposit of a sum of Rs.50,000/- (fifty thousand only) in any nationalized bank and make over the fixed deposit receipt to the victim through the Investigating Officer, the petitioners will be entitled to obtain bail in the event of arrest. If such condition is not complied with, there shall be no effective order on this petition.
In the event the fixed deposit is made, the victim will not be entitled to encash the money until the guilt of any of the petitioners herein is proved at the trial.
In the event the condition imposed herein is complied with, the petitioners will be enlarged on bail upon furnishing a bond of Rs.10,000/- (Rupees ten thousand) each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer. In addition, the petitioners will abide by the conditions in Section 438(2) of the Code.
CRM 5891 of 2020 and CRAN 4319 of 2020 are disposed of.