Archana v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.04.2022

CORAM:

THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.8059 of 2022 Archana ... Petitioner Vs.

The State rep. by The Inspector of Police, Sadras Police Station, (Crime No.59 of 2022) ... Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.59 of 2022 pending before the respondent police.

For Petitioner : Mr.M.Karthik For Respondent : Mrs.G.V.Kasthuri Additional Public Prosecutor ********

ORDER

The petitioner, who was arrested on 25.02.2022 for the alleged offences under Sections 294(b), 323, 506(ii) and 307 of IPC in Crime No.59 of 2022, on the file of the respondent police, seeks bail. 2.The petitioner was arrested on 25.02.2022 for the alleged offences under sections 294(b), 323, 506(ii) and 307 of IPC, alleging that the petitioner herein tried to strangulate her mother in law with an intention to cause her death.

3.Learned Additional Public Prosecutor appearing for the respondent states that the investigation is substantially over and the charge sheet is likely to be filed. Recording the same, this court is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail subject to the following conditions;

(a) the petitioner 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 Judicial Magistrate, Thirukkazhukundram; (b) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity;

(c) the petitioner is directed to stay at Marakkanam and report before Marakanam Town Police daily at 10.30 a.m. until further orders.

(d) the petitioner shall not tamper with evidence or witness either during investigation or trial; (e) on breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner 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]; (f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

-sd/- 07/04/2022 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 JUDICIAL MAGISTRATE, THIRUKKAZHUKUNDRAM.

2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPET [FOR INFORMATION]

3 THE INSPECTOR OF POLICE, SADRAS POLICE STATION, CHENGALPATTU DISTRICT.

4 THE SUPERINTENDENT, CENTRAL PRISON WOMEN, PUZHAL, CHENNAI.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

6 THE OFFICER INCHARGE MARAKKANAM TOWN POLICE, MARAKKANAM.

+1 CC to M/S.M.KARTHIK Advocate on payment of necessary charges SR.NO.5304 CRL OP.8059/2022 Date :07/04/2022 JPA 08/04/2022