C.Rajalakshmi v. The State Of Tamil Nadu

T.V.THAMILSELVI, J.

The petitioner, who apprehends arrest for the alleged offence under Section 406, 420 and 120B of IPC in Cr.No.207 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. When the matter taken up for hearing, the learned counsel for the petitioner submitted that the petitioner is unable to mobilize the funds and on the other hand, he is ready to deposit the title deed which stands in her name. The learned counsel for the petitioner also produced original documents along with the valuation report which reveals that property situated at Virudhunagar and the value is nearly a sum of Rs.12.00 lakhs.

3. Considering the submission of the learned counsel for the petitioner, the earlier order of this Court dated 30.01.2023 in Crl.O.P.No.1194 of 2023 is modified to the effect that "the petitioner shall deposit title deed of the above said property along with an affidavit of undertaking that no encumbrance will be caused over the said property till the trial proceedings are over".

4.Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Tambaram, Kancheepuram District, on condition that the petitioner shall execute a 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 the learned Magistrate concerned 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 Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b)the petitioner shall report before the respondent police 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 anticipatory 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.

01.03.2023 jai

T.V.THAMILSELVI, J.

jai 01.03.2023