Kowsalya v. The State Represented By Its

Crl.O.P.No.19013 of 2024 P.DHANABAL , J.

The petitioner, who apprehends arrest for the alleged offences punishable under Sections 419, 420 and 506(i) of IPC, in Crime No. 1073 of 2024 on the file of the respondent police seeks anticipatory bail.

2. The case of the prosecution is that the de-facto complainant lodged a complaint before the respondent police alleging that she engaged the petitioner to file three cases on behalf of her, viz., Divorce, Maintenance and Domestic Violence Case as against her husband, for which a sum of Rs.93,000/- was paid to the petitioner as fees. Thereafter, the petitioner filed only one case in the name of the de-facto complainant and other two cases, viz., Divorce and Maintenance were not filed so far. Hence the complaint. 3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution. He further submitted that no previous case is pending against her and she has been falsely implicated in this case. He also submitted that the petitioner produced a Demand Draft for sum of Rs.25,000/- in favour of the de-facto 1/5

complainant. Therefore, she prayed for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent submitted that the petitioner received a sum of Rs.93,000/- from the de-facto complainant in respect of filing three cases viz,, Divorce, Maintenance and Domestic Violence Case as against her husband. Thereafter, the petitioner filed only one case in the name of the de-facto complainant and other two cases, viz., Divorce and Maintenance were not filed so far. However, he vehemently opposed for grant of anticipatory bail to the petitioner.

5. Considering the above submissions made by the learned Counsel on either side, no previous case is pending against the petitioner and the learned counsel for the petitioner produced the Demand Draft for sum of Rs.25,000/- in favour of the de-facto complainant and the learned counsel for the defacto complainant also acknowledges its receipt in court today, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 2/5

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 (15) days from the date of receipt of a copy of this order before the learned Judicial Magistrate No.1, Tiruppur, on condition that the petitioner shall execute a separate 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 and on further condition that: [a] the petitioner and the sureties shall affix his photograph and left thumb impression in the surety bond and the Court concerned may obtain a copy of his Aadhar card or Bank pass Book to ensure their identity;

[b] the petitioner shall report before the respondent police on every Saturday at 10.30 a.m., 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 has been imposed and the petitioner is released on bail by the learned Magistrate/Trial Court himself as laid down 3/5

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;

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P.DHANABAL , J.

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