S.Anitha Sebasteen Lisha @ Anitha v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Twenty Ninth day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.7151 of 2022 1 S.ANITHA SEBASTEEN LISHA @ ANITHA [ PETITIONERS / ACCUSED ] 2 ASHA SEBASTEEN LIBOSHA @ ASHA 3 JAGAN Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, KUNDRATHUR POLICE STATION, CHENNAI-600 059.

(CRIME NO.211/2022) For Petitioner : M/S.S.SYED MAZHAR HAYATH 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 offence punishable under Sections 294(b), 323, 324, 506(ii) IPC, in Crime No.211 of 2022, on the file of the respondent police, seek anticipatory bail. 2.Based on the complaint alleging that the defacto complainant refused to lend money, the petitioners went to the house of the defacto complainant and attacked her.

3.Learned counsel for the petitioners states that the husband of the defacto complainant misbehaved with the 1st and 2nd petitioners. When they had visited the house of the defacto complainant to report about that, she has made a false complaint.

4.Considering the facts of the case, this Court is inclined to grant anticipatory bail to the petitioners.

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 District Munsif cum Judicial Magistrate Sriperumbathur on condition that each of the petitioners shall execute a separate bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand Only) each, 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) if the petitioners failed to surrender before the concerned Magistrate within a period of 7 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; (b) 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;

(c) the petitioners shall report before the Investigating Officer as and when required for interrogation; (d)the petitioners shall not tamper with evidence or witness either during investigation or trial;

(e)the petitioners shall not abscond either during investigation or trial;

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

-sd/- 29/03/2022 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, SRIPERUMBATHUR.

2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, KUNDRATHUR POLICE STATION, CHENNAI-600 059.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+3CC to M/S.E.IYAPPAN Advocate on payment of necessary charges SR.No.4680 CRL OP.7151/2022 Date :29/03/2022 CSK 31/03/2022