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Madras High CourtCRL OP/28928/2023granted

Afiya Ahmed v. State Represented By

2024-01-04Honourable Mr Justice C.V. Karthikeyan4 pages

C.V.KARTHIKEYAN, J.

The petitioners/A3, A4, A5 and A11, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 498(A), 294(b) and 506(1) IPC in Crime No.10 of 2020, seek anticipatory bail.

2.The investigation could not proceed because A1 is not in this country. The petitioners are mother-in-law, sister-in-law, another sisterin-law and uncle of the defacto complainant. 3.The learned counsel for the petitioners stated that the petitioners are innocent and have nothing to do with either the marriage and dispute between the 1st accused and the defacto complainant. 4.Taking into consideration that the First Information Report had been registered in the year 2020, this Court is inclined to grant anticipatory bail to the petitioners and with certain conditions: 5.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the 1/4

Additional Mahila Court, Egmore, Chennai, on condition that the petitioners shall execute separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each, 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 petitioners 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 4th petitioner shall report before the respondent police daily at 10.30 a.m., for a period of three weeks and thereafter as and when required for the interrogation and the 1st to 3rd petitioners shall report before the respondent police weekly once i.e., on every Monday at 10.30 a.m for a period of two weeks and thereafter as and when required for the interrogation.

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

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[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.

04.01.2024 smv C.V.KARTHIKEYAN , J.

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smv 04.01.2023 4/4