Selvi v. The State Rep.By
K.KUMARESH BABU, J.
The petitioner/A3, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 419, 468, 471, 420 of IPC in Crime No.6 of 2022 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that A2 executed a settlement deed as if it were executed by the defacto complainant in favour of A1. Hence, the complaint.
3. The learned counsel for the petitioner would submit that the petitioner is innocent and she has not involved in any offence as alleged by the prosecution. He further submitted that A1 and A2 were already granted bail. Therefore, he prays to grant anticipatory bail to the petitioner.
4. The learned Government Advocate(crl.side) would submit that the petitioner is arrayed as A3. He also submitted that A1 and A2 were already granted bail.
5. Considering the facts and circumstances of the case and also considering that A1 and A2 were already granted bail, there is no impediment to order this petition. Hence, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6. 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 Judicial Magistrate (Land Grabbing Court), Krishnagiri 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 shall report before the respondent police at 10.30 a.m. weekly once i.e. Monday until further orders. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioner shall not abscond either during investigation or trial.
[e] 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].
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
18.05.2023 lok
K.KUMARESH BABU, J.
lok 18.05.2023