Rosy / Rohini v. The State Rep By

Crl.O.P.No.17900 of 2024 T.V.THAMILSELVI, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 498(A), 494, 506(1) of IPC, in Crime No.16 of 2024, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner is the wife of A1. Further, the 1st accused had married the defacto complainant, due to some misunderstanding, they have separated. Thereafter, the 1st accused had married this petitioner and the same was questioned by the defacto complainant, the petitioner along with A1 have abused the defacto complainant in filthy language and attacked her and caused injuries. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and she has been falsely implicated in this case. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays to grant anticipatoy bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the investigation is almost completed However, he vehemently opposed for grant of anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also

the fact that the investigation is almost completed, 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 is made ready, before the learned Judicial Magistrate No.2, Attur, 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 orthe 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 as and when required for interrogation. [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 abscond, a fresh FIR can be registered under Section 229-A IPC.

Further, the 1st accused and the defacto complainant are directed to appear before the Mediation Centre, at Sub Court, Rasipuram on 08.08.2024, to settle the issues.

30.07.2024 msrm T.V.THAMILSELVI,J.

msrm Crl.O.P.No.17900 of 2024 30.07.202