Deepika v. The Inspector Of Police
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.7840 of 2022 1 DEEPIKA [ PETITIONERS / ACCUSED ] 2 MAHALAKSHMI 3 C.DIVYA Vs THE INSPECTOR OF POLICE [ RESPONDENT ] K-9, THIRU-VI-KA NAGAR POLICE STATION, PERAMBUR, CHENNAI.
(CRIME NO.261/2022) For Petitioner : M/S.T.PERINBANATHAN 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 offence punishable under Sections 147, 148, 294(b), 341, 323, 324 & 506(i) of IPC in Crime No.261 of 2022, on the file of the respondent police, seek anticipatory bail.
2. The petitioners are mother and two daughters. Complaint has been lodged by one Geetha alleging that she was invited by these petitioners on the birthday of the 1st petitioner's one year old daughter and there, they attacked her with wooden log and hands causing injury suspecting that she has illegal intimacy with the 1st petitioner's husband. However these petitioners state that the defacto complainant without any invitation came to the party hall, where the 1st petitioner's daughter birth day was celebrated, there she picked quarrel, dragged the birthday kid and caused injury.
3. The learned Government Advocate (crl.side) states that the defacto complainant earlier gave a complaint against A1 in Crime No.137 of 2022 before Villivakkam Police Station alleging that 1st petitioner herein snatched away the thali of the defacto complainant
and the case was registered under Section 380 of IPC. To get back that thali, the defacto complainant went to the party hall, at that time the defacto complainant was assaulted by these petitioners.
4. Taking note of the rival submissions and the fact that the defacto complainant has sustained simple injuries and treated as out patient, 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 V Metropolitan Magistrate, Egmore, Chennai on condition that each of the petitioners shall execute a separate bonds for a sum of Rs.50,000/- (Rupees Fifty Thousand Only), 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 Investigating Officer daily at 10.30 a.m., until further order;
(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/- 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 V METROPOLITAN MAGISTRATE EGMORE, CHENNAI.
2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI.[FOR INFORMATION] 3 THE INSPECTOR OF POLICE K-9, THIRU-VI-KA NAGAR POLICE STATION, PERAMBUR, CHENNAI.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1CC to M/S.T.PERINBANATHAN Advocate on payment of necessary charges SR.No.5134 CRL OP.7840/2022 Date :05/04/2022 CSK 11/04/2022