Madras High CourtCRL OP/316/2022granted

Muthulakshmi v. State Rep By

2022-01-07Honourable Mrs Justice T.V.Thamilselvi3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.01.2022

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.316 of 2022 1.Muthulakshmi 2.Bakiyalakshmi ... Petitioners

Versus

State represented by The Sub Inspector of Police, Sathiyamangalam Police Station, Villupuram District.

(Crime No.458 of 2021) ... Respondent Prayer:- Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioners on bail in the event of their arrest in connection with Crime No.458 of 2021 on the file of the respondent police.

For Petitioners : Mr.R.Sasikumar For Respondent : Mr.A.Gokulakrishnan, Additional Public Prosecutor *********

ORDER

The petitioners, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 174(3) Cr.P.C altered in Section 306 of IPC in Crime No.458 of 2021, seeks anticipatory bail.

2. The case of the prosecution is that on 22.11.2021 one Samboornam lodged a complaint before the respondent police stating that her daughter was married to one Thatchanamoorthy on 26.10.2020. The further allegation is that her daughter was harassed by her husband and in-laws by demanding Dowry and house hold articles. The

specific allegation against the petitioners is that being sister in laws of the deceased, they have abused the deceased for not bringing gold chain and house hold articles from her parents' house. The further allegation is that because of the harassments, the daughter of the defacto complainant had committed suicide by hanging. Hence, the complaint.

3. The learned counsel appearing for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, he prays for grant of anticipatory bail.

4. The learned Additional Public Prosecutor appearing for the respondent submitted that co-accused already released on bail. However, he vehemently opposed to grant anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. Accordingly, the petitioners are directed to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days after lifting of lockdown or the commencement of the Court's normal functioning whichever is earlier, before the learned Judicial Magistrate, Gingee, on condition that the petitioners 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 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 petitioners shall report before the respondent police as and when requires for 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;

(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]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC. -sd/- 07/01/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, GINGEE.

2 THE CHIEF JUDICIAL MAGISTRATE VILLUPURAM [FOR INFORMATION].

3 THE SUB INSPECTOROF POLICE, SATHIYAMANGALAM POLICE STATION, VILLUPURAM DISTRICT 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.V.R.APPASWAMEE Advocate on payment of necessary charges SR.NO.402 CRL OP.316/2022 Date :07/01/2022 JPA 12/01/2022