TMI Blog2009 (2) TMI 905X X X X Extracts X X X X X X X X Extracts X X X X ..... nance to his wife and child while granting anticipatory bail to him and his parents with reference to the complaint filed by his wife for alleged commission of offences punishable under Sections 498A and 406 read with Section 34 of the Indian Penal Code. 4. The marriage of the appellant was solemnized with Ms. Renuka on December 05, 2004. She has filed a complaint in November 2006, against the appellant and his parents for alleged commission of offences punishable under Sections 498A and 406 read with Section 34 of the Penal Code on the grounds that after marriage she was subjected to mental and physical cruelty for bringing less dowry and that her stri-dhan entrusted to them has been dishonestly misappropriated by them. 5. Apprehendi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was directed to produce appellant's salary slip. Accordingly, the salary slip of the appellant was produced before the Court which indicated that the appellant was drawing gross salary of ₹ 41,598/- and after deductions of advance tax etc., his net salary was ₹ 33,000/-. The Learned Single Judge of the High Court took the notice of the fact that the appellant had the duty to maintain his wife and the child and therefore as a condition for grant of anticipatory bail, directed the appellant, by the order dated 07.08.2007 to pay a sum of ₹ 12,500/- per month by way of maintenance to his wife and child. The Learned Single Judge also directed to pay arrears at the rate of ₹ 12,500/- per month from August 2005, that i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... offence, is released on bail under Sub-section (1), the Court shall impose the following conditions- (a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence. The Court may also impose, in the interests of justice, such other conditions as it considers necessary. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... risdiction or power by imposing the conditions which are not called for at all. There is no manner of doubt that the conditions to be imposed under Section 438 of the Code cannot be harsh, onerous or excessive so as to frustrate the very object of grant of anticipatory bail under Section 438 of the Code. In the instant case, the question before the Court was whether having regard to the averments made by Ms. Renuka in her complaint, the appellant and his parents were entitled to bail under Section 438 of the Code. When the High Court had found that a case for grant of bail under Section 438 was made out, it was not open to the Court to direct the appellant to pay ₹ 3,00,000/- for past maintenance and a sum of ₹ 12,500/- per mont ..... X X X X Extracts X X X X X X X X Extracts X X X X
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