Sreeja 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 296(b), 118(1) of B.N.S., in Crime No.848 of 2024, on the file of the respondent police seeks anticipatory bail.

2. The case of the prosecution is that the petitioner who is the daughter-in-law of the defacto complainant, abused the defacto complainant in filthy language and also assaulted her. Hence, this case.

3. The learned counsel appearing for the petitioner submitted that the petitioner has not committed any such offence as alleged by the prosecution. Earlier, there was a property dispute between the petitioner and her sister-in-law during which, the petitioner's husband was assaulted and thereby, a complaint was lodged and the case was registered in Crime No.748 of 2024 and as a counter blast, the present case has been registered on the false allegations. Hence, he prayed to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that it is a case of family dispute wherein, the petitioner has abused and assaulted her mother-in-law. Now, the injured has been discharged from the hospital and there is no previous case against the 1/4

petitioner.

5. Considering the submissions of both sides and also of the fact that the injured has been discharged from the hospital and there is no previous case against the petitioner, 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 (15) days from the date of receipt of a copy of this order before the learned Judicial Magistrate, Ambattur, 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 and thereafter, as and when required for interrogation.

[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.

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P.DHANABAL,J.

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