Rubeena v. The State Rep.By Its,

Crl.O.P.No.23395 of 2023 C.V.KARTHIKEYAN,J.

The petitioner is A4 seeks anticipatory bail in Crime No.308 of 2023 registered by the respondent police for the offences punishable under Sections 406, 420 & 506 (2) of Indian Penal Code, 1860.

2. The case of the de-facto complainant is that she has paid a sum of Rs.23,90,000/- to the first accused/ husband of the petitioner herein owing to some real estate business, but, it is stated that during Covid-19 Pandemic Period they changed the business to vegetable and grocery. 3.The petitioner is the husband of A1 and there is no direct allegations against the the petitioner herein

5. In view of the particular fact, 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 her appearance, within a period of fifteen days from the date on which the order copy made ready, before the Learned Judicial Magistrate No.VII, Coimbatore, 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 every week ie on every Saturday at 10.30 a.m., until further orders. [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 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 absconds, a fresh FIR can be registered under Section 229A IPC.

03.11.2023 nst/vv

C.V.KARTHIKEYAN,J.

nst/vv Crl.O.P.No.23395 of 2023 03.11.2023