Jeevapriya v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the Third day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.3901 of 2022 JEEVAPRIYA [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE SUB - INSPECTOR OF POLICE, THIRUPORUR POLICE STATION, CHENGALPET DISTRICT.
(CRIME NO. 59 / 2022) For Petitioner : M/S. K.GOVI GANESAN Advocate For Respondent : MR.S.SANTHOSH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Section 324 of IPC in Crime No.59 of 2022, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on 01.02.2022 while cutting fire wood, the defacto complainant suffered injures and asked his wife/petitioner to make ready boil water for cleaning his wound and the petitioner also boiled the water and at that time, the petitioner asked why he was wearing Uthiratcha Kottai in his neck and plucked it, when the said attitude was questioned by the defacto complainant, she poured the hot water on him, thereby, he suffered injuries on his both thighs, hands and legs. Hence, the complaint.
3. The learned counsel appearing for the petitioner submitted that the petitioner has not committed any such offence as alleged by the prosecution and she has been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioner and she is ready to abide any conditions.
4. The learned Government Advocate (Crl.Side) has submitted that the petitioner has poured hot water on the defacto complainant's body and caused injuries to him. Hence, he opposed to grant anticipatory bail to the petitioner.
5. Considering the facts and circumstances of the case and the submissions made by both counsel, 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 her appearance, within a period of seven days from the date of receipt of a copy of this order, before the learned Judicial Magistrate-I, Chengalpet on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that:
(a) the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
(b) the petitioner shall report before the Investigation Officer as and 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]; and (f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 03/03/2022 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-I, CHENGALPET.
2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPET [FOR INFORMATION] 3 THE SUB - INSPECTOR OF POLICE, THIRUPORUR POLICE STATION, CHENGALPET DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S. K.GOVI GANESAN Advocate on payment of necessary charges CRL OP.3901/2022 Date :03/03/2022 CSK 14/03/2022