Hemalatha v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Fifth day of April Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.7867 of 2022 1 HEMALATHA [ PETITIONERS / ACCUSED ] 2 K.AMUTHA Vs THE STATE OF TAMIL NADU [ RESPONDENT ] REP BY THE INSPECTOR OF POLICE, ARCOT TOWN POLICE STATION, RANIPET DISTRICT.

(CRIME NO.138/2022) For Petitioner : M/S.MUSHTAQ AHMED 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 offence punishable under Sections 294(b), 323 and 506 (2) of IPC in Crime No.138 of 2022 on the file of the respondent police, seek anticipatory bail.

2. The petitioners are wife and daughter of the defacto complainant. According to the first information report, the defacto complainant came to know about the fact that his wife settled the property in favour of his daughter without his knowledge. Thereafter, the defacto complainant came to know that he had gone to the SubRegistrar Office, Arcot along with his son and questioned the contact of the petitioners, at that time they were attacked the defacto complainant with stick and knife, thereby, the defacto complainant has sustained injury and taken treatment in the Government hospital as out patient and thereafter he has lodged the alleged complaint. 3.Taking into note of the above facts that there was a dispute between the family members regarding devolution of the property, the complaint has been given by the defacto complainant against his own

wife and daughter. This Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. 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 XIII Metropolitan Magistrate, Egmore, Chennai on condition that the petitioners shall execute separate bonds 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 learned Magistrate concerned and on further conditions 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 Investigation Officer 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 are 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/- 05/04/2022 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 XIII METROPOLITAN MAGISTRATE, EGMORE, CHENNAI.

2 THE CHIEF JUDICIAL MAGISTRATE EGMORE, CHENNAI [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, ARCOT TOWN POLICE STATION, RANIPET DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+2CC to M/S.MUSHTAQ AHMED Advocate on payment of necessary charges SR.No.5160 CRL OP.7867/2022 Date :05/04/2022 CSK 11/04/2022