M.Nandhini v. The State Rep By Its,

V.LAKSHMINARAYANAN, J.

The petitioner, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 406, 420, 465, 294(b), 506(2) of IPC in Crime No. 479 of 2022, seeks anticipatory bail.

2. The matter was argued at length. The learned counsel for the petitioner argued for reduction of the condition imposed by this Court in Crl.O.P.No.30213 of 2022 i.e., to deposit of a sum of Rs.5,00,000/- to the credit of Crime No.479 of 2022. I am not willing to modify the order passed in Crl.O.P.No.30213 of 2022. Thereafter, the learned counsel for the petitioner submitted that he will comply with the previous condition imposed by this Court and deposit the said amount on or before 24.06.2023. On instructions with his client, he undertakes to make such deposit.

3. Recording the undertaking, I extend the time granted by this Court on the earlier occasions to deposit a sum of Rs.5,00,000/- to the credit of Crime No.479 of 2022 till 24.06.2023.

4. 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 on which the order copy made ready, before the learned X Metropolitan Magistrate Court at 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 petitioner is directed to deposit a sum of Rs.5,00,000/- to the credit of Crime No.479 of 2022 on or before 24.06.2023, failing which, the petition shall stand dismissed.

[c] the petitioner shall report before the respondent police 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]; and;

V.LAKSHMINARAYANAN, J.

dk/kan [g] if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

5. With the above observations, the Criminal Original Petition is disposed of.

24.05.2023 dk/kan To 1.The X Metropolitan Magistrate Court Chennai.

2.The Public Prosecutor, Madras High Court, Chennai