Krishnaveni v. The State Rep By

Dr.G.JAYACHANDRAN, J., The petitioner apprehends arrest by the respondent police for the offences punishable under Sections 294(b), 341, 323 & 506(1) of IPC in Crime No. 162 of 2023 is before this Court seeking anticipatory bail.

2.

The petitioner herein apprehends that she may be arrested by the respondent police in view of the complaint given by one K.Nivesha on 11.05.2023 and taken for investigation in Crime No.162 dated 12.05.2023. Before this Court it is stated that she is an innocent lady carrying flower business near Durga Temple and due to money dispute false complaint has been given against her.

3.

The learned Government Advocate (Crl. Side) appearing for the respondent police states that the petitioner had voluntarily picked up quarrel with the defacto complainant and had attacked her by throwing chair at her and caused injury. Hence, this case has been registered. If the accused is not absconding and if she co-operates with investigation, the Police will not arrest her unless it is warranted.

4.

Recording the same, this petition is allowed. The petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of seven days from the date of receipt of a copy of this order, before the learned District Munsif cum Judicial Magistrate, Pallavaram, 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 learned Magistrate, failing which, the anticipatory bail shall stand canceled 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 Court concerned 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 daily at 11 O' clock in the morning 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]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

16.06.2023 rts

Dr.G.JAYACHANDRAN,J.

rts 16.06.2023