Raji v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 12.02.2021 CORAM :

THE HON'BLE MR. JUSTICE V. BHARATHIDASAN Crl.O.P.No.1976 of 2021 Raji ... Petitioner Vs.

The State Rep. by ... Respondent The Inspector of Police Thiruthuraipoondi Police Station, Tiruvarur.

(Crime No.209 of 2021) PRAYER: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioner on bail in the event of arrest by the respondent police connected with Crime No.209 of 2021 on the file of the respondent police. For Petitioner : Mr.M.Jai Kumar For Respondent : Mr.S.Karthikeyan Addl. Public Prosecutor

ORDER

(The case has been heard through video conference) The petitioner, who apprehends arrest for the alleged offences under Sections 294(b), 352, 323 and 307 of IPC, in Crime No.209 of 2021, on the file of the respondent Police, seeks anticipatory bail.

2.The petitioner is the sole accused in this case. The petitioner and the defacto complainant are husband and wife respectively. It is alleged that the petitioner abused the defacto complainant with filthy language and forced her to consume poison. Later she was admitted in the hospital by her sister. Hence, the complaint.

3.The learned counsel for the petitioner would submit that due to family dispute there was wordy quarrel between the petitioner and the defacto complainant . Due to which she has attempted to commit suicide. Hence, he prays for anticipatory bail to the petitioner.

4.The learned Additional Public Prosecutor would submit that the petitioner the petitioner abused the defacto complainant with filthy language and forced her to consume poison. Hence, he opposed to grant anticipatory bail to the petitioner. 5.Considering the facts and circumstances of the case and also of the fact that only due to family disputel the occurrence has taken place, this court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate Court, Thiruthuraipoondi, 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 this petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner and the sureties shall affix his 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 daily at 10.30 a.m for a period of two weeks and thereafter as and when required 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

With the above directions this criminal original petition is ordered.

-sd/- 12/02/2021 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 COURT, THIRUTHURAIPOONDI.

2 THE CHIEF JUDICIAL MAGISTRATE, THIRUVARUR [FOR INFORMATION].

3 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, THIRUTHURAIPOONDI POLICE STATION, TIRUVARUR.

CC to M/S. M.JAIKUMAR Advocate on payment of necessary charges CRL OP.1976/2021 Date :12/02/2021 MN-22/02/2021