Kanimozhi v. The Inspector Of Police

CRL.O.P.No.12848 of 2016 S.VAIDYANATHAN,J.

Apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 498(A), 494, and 506(ii) IPC in Crime No.4 of 2016 on the file of the respondent police, the petitioner has come forward with this petition seeking anticipatory bail.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent police.

3. The case of the prosecution is that the husband of the defacto complainant married this petitioner, when the first marriage is in subsistence.

4. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and she has been falsely implicated in this case.

5. Learned Government Advocate (Crl.Side) would submit that totally five accused involved in this case. This petitioner is the 5th accused. The co-accused/A1 to A4 were already granted anticipatory bail by this Court on 17.06.2016 in Crl.O.P.No.12234 of 2016.

6. Considering the facts and circumstances of the case and also taking note of the fact that the co-accused/A1 to A4 have been granted anticipatory bail, this Court is of the view that custodial interrogation of the petitioner is not necessary. Therefore, this Court is inclined to grant anticipatory bail to the petitioner.

S.VAIDYANATHAN,J.

ari

7. Accordingly, the petitioner is ordered to be released on bail in the event of her arrest or appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order, before the Judicial Magistrate No.II, Dharmapuri, subject to the following conditions:

(i) 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 Magistrate concerned; (ii) the petitioner shall report before the respondent police on all Sundays at 10.30 a.m., until further orders.

(iii) the petitioner shall not tamper with evidence or witness either during investigation or trial; (iv) the petitioner shall not abscond either during investigation or trial.

[v] on breach of any of the aforesaid conditions, the 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 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].

29.06.2016 ari CRL.O.P.No.12848 of 2016