Sasikala v. Inspector Of Police

C.V.KARTHIKEYAN, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 323,354 D & 506(1) of I.P.C in Crime No. 1161 of 2023, seeks anticipatory bail.

2. The case of the prosecution that the marriage between the first accused and the defacto complainant had taken place in the year 2019 and they were blessed with one child. Thereafter, there was continuous torture by the first accused and his family.

3.The learned Government Advocate stated that for the first accused, bail was granted in Crl.M.P.No.1115 of 2023 vide order dated 27.12.2023.

4.Taking into consideration the facts and circumstances, this Court is inclined to grant anticipatory bail subject to the following conditions:

5.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the Additional Mahila Court, Alandur on condition that the petitioner shall

execute a separate bond for a sum of Rs.10,000/- (Rupees 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 arrest or to the satisfaction of this Court concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner and 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 shall appear before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation.

[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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

02.02.2024 smn C.V.KARTHIKEYAN, J.

smn

02.02.2024