Sathiya v. State Rep By

C.V.KARTHIKEYAN, J.

The petitioner/second accused who apprehends arrest at the hands of the respondent police for the offence punishable under Section 420 of IPC in Crime No.251 of 2021, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner claims that she is daughter-in-law of the defacto complainant. In the FIR, however it has been stated by the defacto complainant that his son was in relationship with the defacto complainant. At any rate to get a job for the younger son of the defacto complainant, it is alleged that the accused had received a total sum of Rs.28/- lakhs. They did not return back the amount nor did they get the job.

3. At any rate, since the issue is among family members, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

4. 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 No.I, Krishnagiri, 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 once in a week i.e, every Monday 10.30 a.m., for a period of three weeks and thereafter as and when required.

[c] the petitioner is directed to deposit a sum of Rs.5,00,000/- to the credit of Cr.No. 251 of 2021 and the learned Judicial Magistrate No.I, Krishnagiri may deposit it in fixed deposit and take a decision on conclusion of trial.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioner shall not abscond either during investigation or trial.

[f] 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

13.12.2023 vsg C.V.KARTHIKEYAN , J.

vsg 13.12.2023