U.Saraswathi v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the Thirty First day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.7420 of 2022 1 U.SARASWATHI [ PETITIONERS / ACCUSED ] 2 M.BAGEERATHAN 3 B.JANAGI 4 B.BHARATHI 5 P.SAROJA Vs STATE REP. BY THE INSPECTOR OF POLICE [ RESPONDENT ] UTHIRAMERUR POLICE STATION, KANCHEEPURAM DISTRICT.
CRIME NO.220 OF 2022.
For Petitioners : M/S.K.ARUNPRASAD 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, 294(b), 323, 324 and 506(II) of IPC in Crime No.220 of 2022, on the file of the respondent police, seek anticipatory bail. 2.
The petitioners herein apprehending arrest on the complaint given by one V.Jayashree W/o. Vendhan, alleging that, the petitioners who are relatives of her husband came to her house and attacked her using wooden log and iron rod, when she was quarreling with her husband.
3. The Accident Register furnished by the learned Additional Government Advocate (Crl.Side) indicates that the alleged injuries are simple in nature and the de facto complainant was discharged from the hospital in the next day.
4. Considering the relationship between the de facto complainant and the petitioners and the fact that prime accused already been arrested and released on bail, 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 District Munsif cum Judicial Magistrate, Uthiramerur, Kancheepuram District, 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 the investigating officer as and when required for interrogation;
(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/- 31/03/2022 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, UTHIRAMERUR, KANCHEEPURAM DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPET [FOR INFORMATION] 3 THE INSPECTOR OF POLICE UTHIRAMERUR POLICE STATION, KANCHEEPURAM DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+2 CC to M/S.K.ARUNPRASAD Advocate on payment of necessary charges SR.NO.4894 CRL OP.7420/2022 Date :31/03/2022 JPA 04/04/2022