Padmavathy M v. The State Rep.By

P.DHANABAL,J.

The petitioner who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 308(4) r/w 3(5) of BNS Act, in Crime No.126 of 2024, on the file of the respondent police seeks anticipatory bail.

2. The case of the prosecution is that on 18.07.2024, accused persons threatened the defacto complainant's family members and demanded money. Hence, the case.

3. The learned counsel appearing for the petitioner submitted that the petitioner was not at all present at the scene of occurrence and she has not committed any such offence as alleged by the prosecution and she has been falsely implicated in this case. Hence, he prayed to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that accused persons threatened the defacto complainant's family members and demanded money from them, and investigation is at initial stage, hence, strongly opposed to grant anticipatory bail to the petitioner.

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5. Considering the submissions of both sides, nature of offence involved in the case and also of the fact that the accused 1 and 3 had already been granted bail, 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 his 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.III, Puducherry, 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 and on further condition that: [a] the petitioner shall report before the respondent police on every Saturday at 10.30 a.m for a period of four weeks. [b] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[c] the petitioner shall not abscond either during investigation or trial.

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[d] 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 v. State of Kerala [(2005) AIR SCW 5560].

[e] if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of the B.N.S 29.08.2024 mfa

1. The Judicial Magistrate No.III, Puducherry.

2. The Inspector of Police, Reddiyarpalayam Police Station, Puducherry District.

3. The Public Prosecutor, Puducherry.

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P.DHANABAL,J.

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