Chandrika v. State Rep By

Crl.O.P.No.8462 of 2023 S.SOUNTHAR, J.

The petitioner who apprehend arrest at the hands of the respondent police for the offences punishable under Section 420 of IPC in Crime No.955 of 2017, seek anticipatory bail.

2. On the complaint lodged by one Bharathi/defacto complainant, the respondent Police have registered a case in Cr.No.955 of 2017 on 04.05.2017 under Section 420 of IPC against Dilip Kumar and his wife Chandrika/A2/Petitioner herein.

3. The learned counsel appearing for the petitioner would submit that the petitioner was already granted anticipatory bail by this Court in Crl.O.P.No.9735 of 2017 on condition that the petitioner shall deposit a sum of Rs.3,00,000/- to the credit of Crime No.955 of 2017 on the file of the XV Metropolitan Magistrate, George Town, Chennai. However, the petitioner has not complied with the said order and the order got lapsed. The learned counsel for the petitioner would submit that now the

petitioner is ready to deposit Rs.3,00,000/- as ordered by this Court in earlier Order.

4. Taking into consideration the facts and circumstances of the case and also the fact that the petitioner was already granted anticipatory bail, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

5. Accordingly, the petitioner is directed to deposit a sum of Rs.3,00,000/- to the credit of Crime No.955 of 2017 on the file of the XV Metropolitan Magistrate, George Town, Chennai within a period of four weeks from the date on which the order copy made ready, and on such deposit the petitioner is ordered to be released on bail in the event of arrest or on her appearance, before the learned XV Metropolitan Magistrate, George Town, Chennai 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, 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 final order in respect of the said deposit shall be passed by the learned trial Judge at conclusion of trial. [c] 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.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioner shall not abscond either during investigation or trial.

[f] 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].

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

05.05.2023 kan/dhk

S.SOUNTHAR, J.

kan/dhk Crl.O.P.No.8462 of 2023 05.05.2023