Ealakanni v. Inspector Of Police

C.V.KARTHIKEYAN , J.

The petitioner who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 294(b), 324, 307 and 506(ii) of IPC in Crime No.560 of 2023 on the file of the respondent police, seeks anticipatory bail.

2. It is the submission of the learned counsel for the petitioner that the petitioner has been falsely implicated as an accused in Crime No.560 of 2023 registered for the offences under Sections 294(b), 324, 307 and 506(ii) of IPC. Thus, he prays for grant of anticipatory bail to the petitioner.

3. It is stated that the defacto complainant had been assaulted by the petitioner and her husband. Owing to dispute over the payment of wages, when he tried to resolve it, dispute arose between the petitioner/accused and other persons. However, it is seen that the 1st accused / petitioner's husband, has been granted bail vide order in Crl. M.P. No.5508 of 2023 dated 06.10.2023 by the learned Principal Sessions Judge, Chengalpattu. 1/4

4. In view of the particular fact that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

5. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned District Munsif cum Judicial Magistrate, Pallavaram 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, 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, as and when required;

[c] the petitioner shall not tamper with evidence 2/4

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; 09.10.2023 mjs C.V.KARTHIKEYAN , J.

mjs 3/4

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