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Madras High CourtCRL OP/23038/2023granted

Noorjahan @ Noori v. The State Represented By

2023-10-06Honourable Mr Justice C.V. Karthikeyan4 pages

C.V.KARTHIKEYAN,J.

The petitioner/5the accused seeks anticipatory bail in Crime No.8 of 2023 registered by the respondent police for the offence punishable under Sections 294(b), 498(A), 406, 494, 326 & 506(ii) of IPC on 18.05.2023.

2. The marriage between the defacto complainant and the 1st accused took place on 17.07.2019. The petitioner is the sister of A1 and it is alleged that all the accused had caused cruelty on the defacto complainant.

3. It is stated that A1 had been arrested and released on bail by the Additional Mahila Court, Egmore, in Crl.M.P.No.818 of 2023 on 20.07.2023. It is also stated that the other accused/A2 and A3 had been granted anticipatory bail by this Court in Crl.O.P.Nos.21217 of 2023 dated 21.09.2023 and A5 had been granted anticipatory bail in Crl.O.P.No.18479 of 2023 dated 24.08.2023.

4. Taking into consideration the facts and circumstances and also taking note of the fact that co-accused had been granted anticipatory bail, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions:

5. 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 Additional Mahila Court, Egmore, 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 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.

[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.

06.10.2023 ata

C.V.KARTHIKEYAN,J.

ata 06.10.2023