R.Karuna v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Friday, the Sixteenth day of April Two Thousand Twenty One PRESENT The Hon`ble Mr Justice V. BHARATHIDASAN CRIMINAL ORIGINAL PETITION No.4058 of 2021 1 R.KARUNA [ PETITIONERS / ACCUSED ] 2 S.SELVI 3 K.PRAKASH 4 K.LAKSHMI Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, PADALAM POLICE STATION, KANCHEEPURAM DISTRICT (CR.NO.1047/2020) For Petitioner : M/S.R.SASIKUMAR Advocate For Respondent :MR. T.SHUNMUGARAJESWARAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence under Sections 323, 498-A of IPC and Section 4 of Women Harassment Act in Crime No.1047 of 2020, on the file of the respondent police, seek anticipatory bail. 2.
The case of the prosecution is that on 14.07.2020 one Surya wife of Arasu lodged a complaint before the respondent stating that there was a matrimonial dispute between the defacto complainant and her husband, the petitioners abused her in filthy language and threatened her with dire consequences. Due to which the petitioners said to have attacked her and thereby, she sustained injuries. 3.The learned counsel appearing for the petitioners would submit 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 to the petitioner. 4.The learned Government Advocate (Crl.Side) would submit that on 14.07.
respondent stating that there was a matrimonial dispute between the defacto complainant and her husband, the petitioners abused her in filthy language and threatened her with dire consequences. Due to which, the petitioners said to have attacked her and thereby, she sustained injuries. He would further submit that the injured person has been discharged from the hospital. However, he vehemently opposed for grant of anticipatory bail to the petitioners. 5.Considering the fact that the injured person has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners.
6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate -II, Chengalpattu,on condition that each of the petitioners shall execute a separate bond for a sum of Rs.
10,000/- each (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 and on further condition that: (a) the petitioners 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 petitioners 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..
(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 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/- 16/04/2021 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, NO.II, CHENGALPATTU 2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU(FOR INFORMATION) 3 THE INSPECTOR OF POLICE, PADALAM POLICE STATION, KANCHEEPURAM DISTRICT 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.R.SASIKUMAR Advocate on payment of necessary charges CRL OP.4058/2021 Date :16/04/2021 RVR 06/05/2021