Umamaheswari v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the First day of April Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.7643 of 2022 1 UMAMAHESWARI [ PETITIONERS / ACCUSED ] 2 SARANIYA ANGAMUTHU 3 DHINESHKUMAR Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, AMMAPET POLICE STATION, SALEM, TAMIL NADU 636 003.

CRIME NO.180 OF 2022 For Petitioner : M/S. S.G.VEDHA PRIYADHARSHINI 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 for the alleged offences under Sections 147, 294B, 323, 506(ii) of IPC and Section 4 of Women Harassment Act, in Crime No.180 of 2022 on the file of the respondent police, seek anticipatory bail.

2. Due to dispute regarding the property, animosity prevailed between the defacto complainant and the petitioners herein. In the said circumstances, objecting the defacto complainant by fixing the CCTV camera, covering the land of the property, quarrel was occurred leading to attack these petitioners by causing simple injuries. Hence, the case has been registered against these petitioners.

3. Considering the nature of offence, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

4. 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 Magistrate Court, Salem on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen 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 respondent police as and when required for an 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/- 01/04/2022 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 MAGISTRATE COURT, SALEM.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, AMMAPET POLICE STATION, SALEM, TAMIL NADU 636 003.

CC to M/S. S.G.VEDHA PRIYADHARSHINI Advocate on payment of necessary charges CRL OP.7643/2022 Date :01/04/2022 RW 08/04/2022