Nirmal Kumar v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Thirtieth day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.7317 of 2022 1 NIRMAL KUMAR [ PETITIONERS / ACCUSED ] 2 GANESAN 3 VIJAYALAKSHMI Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, H-8, TIRUVOTTRUYUR POLICE STATION, CHENNAI.

CRIME NO.275 OF 2022 For Petitioner : M/S.K.KARTHIK Advocate For Respondent : M/S.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 341, 294(b), 323, & 324 of IPC and Section 4 of TN Prohibition of Harassment of Women Act, 2002 in Crime No.275 of 2022, on the file of the respondent police, seek anticipatory bail.

2. The defacto complainant is the wife of the 1st petitioner and the 2nd & 3rd petitioners are her in-laws. Due to matrimonial dispute, it appears that on 18.03.2022 the defacto complainant, who was separated from her husband, went to her husbands house and sought redressal. At that time she was attacked.

3. Considering the injury found in the Accident Register and the averments, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 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 Court, Tiruvottriyur, on condition that each of the petitioners shall execute a separate bonds for a sum of Rs.

(c)the petitioners shall report before the Investigating Officer as and when required;

(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/- 30/03/2022 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, TIRUVOTTRIYUR, THIRUVALLUR DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR DISTRICT. [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, H-8, TIRUVOTTRUYUR POLICE STATION, CHENNAI.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.K.KARTHIK Advocate on payment of necessary charges SR.NO. 4880 CRL OP.7317/2022 Date :30/03/2022 RW 04/04/2022