Vanitha v. Station House Officer

C.V.KARTHIKEYAN , J.

The petitioner/A4 seeks anticipatory bail in Crime No.279 of 2023 registered by the respondent Police for the offences punishable under Sections 120-B, 384 r/w 34 of IPC.

2. The petitioner is young lady of 19 years and stated that she had accosted the defacto complainant by stating that she is a college student and had no place of residence and had come out of the family and sought relief from the defacto complainant. It is stated that believing her, the defacto complainant also had extended invitation to her. At that time, the other accused had come over and attacked him and had tried to extort a sum of Rs.50,000/-. Totally cash of Rs.1.25 lakhs had been taken. It is also stated that A1 and A2 had been taken into custody and A3 is absconding.

3. Taking all those factors into consideration, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of 1/4

arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the Judicial Magistrate No.III, Puducherry, 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 deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) to the credit of Crime No.279 of 2023 before the learned Magistrate No.III, Puducherry. On receipt of such deposit, the Learned Judicial Magistrate No.III, Puducherry, may hand over a sum of Rs.25,000/- to the defacto complainant and retain a sum of Rs.25,000/- in an interest earning Fixed Deposit in any one of the Nationalized Bank and pass final orders on conclusion of trial. 2/4

[c] the petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation. [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 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].

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

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C.V.KARTHIKEYAN , J.

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