G.Elumalai v. State Rep By,
Crl.O.P. No.948 of 2023 T.V.THAMILSELVI, J.
Earlier, this court by an order dated 30.01.2023 granted interim anticipatory bail on condition that A1 shall deposit a sum of Rs.3,000/- (Rupees three thousand only) per month as interim maintenance to the credit of Crime No.23 of 2022 on the first week of every English Calendar Month and on such deposit, the defacto complainant was permitted to withdraw the said amount on proper identification and acknowledgment and adjourned the matter for reporting compliance.
2. Today, when the matter taken up for hearing under the caption "For reporting compliance", Mr.P.Parthiban, learned counsel for the petitioner appeared and submitted that A1 husband is not able to come to India in the month of June 2023. However, the petitioner is inclined to pay a sum of Rs.3000/- as interim maintenance to the defacto complainant until the arrival of his son to India. Accordingly, he seeks to grant anticipatory bail to the petitioner.
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3. Considering the facts and circumstances and also on considering the submissions of learned counsel for petitioner, the interim anticipatory bail granted by this court vide order dated 30.01.2023 is made absolute with certain conditions that [a] the petitioner shall deposit a sum of Rs.3000/- (Rupees three thousand only) per month as interim maintenance to the credit of Crime No.23 of 2022 on first week of every English Calender month and on such deposit, the defacto complainant is permitted to withdraw the said amount on proper identification and acknowledgment.
[b] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[c] the petitioner shall not abscond either during investigation or trial.
[d] 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 2/4
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].
[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
22.06.2023 rpp 3/4
T.V.THAMILSELVI, J.
rpp Crl.O.P.No. 948 of 2023 22.06.2023 4/4