Meena v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Wednesday, the Sixteenth day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.5961 of 2022 1 MEENA [ PETITIONERS / ACCUSED ] 2 DHANALAKSHMI 3 R.UDHAYAKUMAR 4 MURALI 5 VIJAYA 6 RAMAMOORTHY Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, PALLIKARANAI POLICE STATION, CHENNAI.
(CRIME NO.224 OF 2022) For Petitioners : M/S.P.THOMAS BARNABAS 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 petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences under Sections 147, 148, 294(b), 323, 324 and 506(II) of IPC in Crime No.224 of 2022, on the file of the respondent police, seek anticipatory bail.
2. Due to civil dispute pending between the de facto complainant family and the petitioner herein, on 01.11.2021, the de facto complainant's husband Krishnan died leaving behind two wives and their children, pursuant to that, after the death of Krishnan, dispute between two wife family erupted and led to quarrel and fish fight on 02.03.2022.
3. It is case and counter, the petitioner herein are arrayed as accused in Crime No.224 of 2022, whereas, the de facto complainant in this case who is Karpagam/accused in Crime No.225 of 2022. The injured is alleged to have been sustained by the de facto complainant and others are simple in nature.
4. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
5. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of seven days from the date of receipt of a copy of this order, before the learned Judicial Magistrate II, Alandur, on condition that each of the petitioners 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, failing which the anticipatory bail shall stand canceled 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 Pallikarani Police station, daily at 10.00 a.m., until further orders; (c) the petitioners shall not tamper with evidence or witness either during investigation or trial;
(d) the petitioners 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 petitioners 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 abscond, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 16/03/2022 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, NO.II, ALANDUR.
2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPET [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, PALLIKARANAI POLICE STATION, CHENNAI.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S.P.THOMAS BARNABAS Advocate on payment of necessary charges SR.NO.4002 CRL OP.5961/2022 Date :16/03/2022 JPA 21/03/2022