Rajeshwari @ Raji v. The State Rep By

C.V.KARTHIKEYAN,J.

The petitioner seeks anticipatory bail in Crime No.20 of 2020 registered by the respondent police for the offence punishable under Sections 498(A), 323, 406 & 494 of IPC.

2. The petitioner herein is 2nd wife of the 1st accused. The defacto complainant had alleged that during the subsistences of the marriage the 1st accused had married the present petitioner herein.

3. The learned counsel for the petitioner stated that the 1st accused had suppressed his earlier marriage with the defacto complainant and married the petitioner herein. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) for the respondent stated that the 1st accused had been taken into custody and also granted bail by the Trial Court. However, he objected to grant anticipatory bail to the petitioner.

5. In view of these facts, this Court is inclined to grant anticipatory bail to the petitioner subject to the following 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 days from the date on which the order copy made ready, before the Judicial Magistrate, Ranipet, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties 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 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 appear 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 absconds, a fresh FIR can be registered under Section 229A IPC.

10.10.2023 ata

C.V.KARTHIKEYAN,J.

ata 10.10.2023