Kamala v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.01.2022

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.1337 of 2022 1.Kamala

...Petitioners

2.Sathiyaraj Vs.

The State Represented by ... Respondent The Inspector of Police, Kariyakoil Police Station, Kariyakoil, Salem District.

(Crime No.1 of 2022) Prayer: Criminal Original Petition filed under Section 438 of Cr.P.C., praying to enlarge the petitioner on bail in the event of their arrest by the respondent police concerned in crime No.1 of 2022, on the file of the respondent Police.

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

ORDER

The petitioners, who apprehend arrest for the alleged offence under Sections 294(b), 323 and 324 of IPC, in Cr.No.1 of 2022 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that there was a wordy quarrel between the petitioners and the defacto complainant regarding the possession of the land, due to which, the petitioners abused the defacto complainant. Hence, the complaint.

3.The learned counsel appearing for the petitioners submits that the co-accused was arrested and released on bail and the petitioners are falsely implicated in this case. Hence, he prayed to grant anticipatory bail to the petitioners.

4.The learned Additional Public Prosecutor submits that the investigation is almost completed.

5. Considering the facts and circumstances of the case and also the submissions made by both counsel and the investigation is almost completed, this Court is inclined to grant anticipatory bail to the petitioners.

6. Accordingly, the petitioners are directed to be released on bail in the event of arrest or on his 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 No.I, Aathur, on condition that the petitioner shall execute a bond for a sum of Rs.

(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 has 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/- 24/01/2022 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, NO.I, AATHUR, SALEM DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE SALEM. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, KARIYAKOIL POLICE STATION, KARIYAKOIL, SALEM DISTRICT.

CC to M/S. R.PRABUDOSS Advocate on payment of necessary charges CRL OP.1337/2022 Date :24/01/2022 TA-01/02/2022