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Madras High CourtCRL OP/1676/2022granted

Reena v. State Rep By

2022-01-27Honourable Mrs Justice T.V.Thamilselvi3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.01.2022

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.1676 of 2022 Reena ... Petitioner

Versus

State represented by The Inspector of Police, Hasthampatty Police Station, Salem District.

(Crime No.446 of 2021) ... Respondent Prayer:- Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioner on bail in the event of his arrest in Crime No.446 of 2021 on the file of the Inspector of Police, Hasthampatty Police Station, Salem District. For Petitioner :

Mr.B.Vasudevan For Respondent :

Mr.A.Gokulakrishnan, Additional Public Prosecutor *********

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 381, 294 (b), 506(i) of IPC in Crime No.446 of 2021, seeks anticipatory bail.

2. The case of the prosecution is that on 06.12.2021 the petitioner was working as servant maid in the house of the defacto complainant, alleged that the petitioner committed theft of 1 pair gold stud (7 grams), 1 gold ring (5 grams) and cash Rs.5000/- from the house of the defacto complainant, while the defacto complainant questioned, petitioner and her husband scolded in filthy words, threatened to do away the life of the defacto complainant. The 2nd accused is husband the petitioner who was arrested and then released on bail. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and she has 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 the petitioner committed theft of 1 pair gold stud (7 grams), 1 gold ring (5 grams) and cash Rs.5000/- from the house of the defacto complainant. However, he vehemently opposed to grant anticipatory bail to the petitioner.

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

6. Accordingly, the petitioner is directed to be released on bail in the event of arrest or on her 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.3, Salem, 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 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 as and when requires for interrogation;

(c) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d) the petitioner 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 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]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 27/01/2022 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.3, SALEM.

2 THE CHIEF JUDICIAL MAGISTRATE SALEM [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, HASTHAMPATTY POLICE STATION, SALEM DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S. B.VASUDEVAN Advocate on payment of necessary charges SR.No.1292 CRL OP.1676/2022 Date :27/01/2022 CSK 02/02/2022