M.Latha v. State Rep By

Crl.O.P.No.26475 of 2022 A.D. JAGADISH CHANDIRA, J., The petitioners, who apprehends arrest for the alleged offences under Sections 341, 294(b) and 506(i) IPC in Crime No.713 of 2019 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution as per defacto complainant/Dhanapalan is that his daughter and son in law had obtained signatures in certain documents and thereafter threatened, abused and intimidated him. Hence, the complaint.

3. The learned counsel for the petitioners would submit that the defacto complainant had settled certain properties in favour of the first petitioner, thereafter for the reasons best known to him, he wanted the properties to be resettled in favour of himself and it was refused by the petitioners. Thereby, the defacto complainant the false complaint against the petitioners. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The Government Advocate (Crl.side) would submit that the petitioners are the daughter and son in law of the defacto complainant. The allegation is that they have obtained signatures in certain documents and 1/4

thereafter threatened, abused and intimidated the defacto complainant. He would submit that the investigation is pending.

5. Taking into consideration the facts and circumstances of the case and the submissions made by the learned Government Advocate (Crl.side), this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions :

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date on which the copy of the order is made ready, before the Judicial Magistrate No.I, Tambaram, on condition that the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[a] the petitioners 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. 2/4

[b] the petitioners shall report before the respondent police daily at 10.30am for a period of two weeks and thereafter as and when required for interrogation.

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 229A IPC.

With the above directions, this Criminal Original Petition is ordered. 01.11.2022 tsh 3/4

A.D. JAGADISH CHANDIRA. J, tsh Crl.O.P.No.26475 of 2022 01.11.2022.

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