Hawanachiya, Age 52 Years, v. State Rep. By
CRL.O.P.No.15744 of 2016 S.VAIDYANATHAN, J.
Apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 341, 336 and 506(i) IPC in Crime No.255 of 2016 on the file of the respondent police, the petitioners have come forward with this petition seeking anticipatory bail.
2. The case of the prosecution is that the first petitioner is the mother-in-law of the defacto complainant. Due to family dispute, the petitioners tried to grab the child of the defacto complainant and also threatened her to finish off her life. Hence, this complaint.
3. The learned counsel for the petitioners submitted that the petitioners have been falsely implicated in this case.
4. The learned Government Advocate (Crl. Side) submitted that the second petitioner was arrested and remanded to judicial custody.
5. Considering the facts and circumstances of the case and taking note of the fact that this is a matter of family dispute, this court is inclined to grant anticipatory bail to the first petitioner. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate No.II, Mannargudi, Thiruvarur District, on her executing a bond for a
S.VAIDYANATHAN, J.
gv 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 and on further conditions that:
[a] the first petitioner, being a lady shall report before the respondent police as and when required for interrogation and so far as the second petitioner is concerned, the petition is dismissed as he is in judicial custody. [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 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]. 27.07.2016 gv CRL.O.P.No.15744 of 2016