Dhanalakshmi v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Nineteenth day of April Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.8453 of 2022 DHANALAKSHMI [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, AMMAPET POLICE STATION, SALEM DISTRICT (CRIME NO.147 OF 2022) For Petitioner : M/S B.VASUDEVAN 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 petitioner herein apprehending arrest by the respondent police for the offence under Sections 447, 294(b), 323, 427, 506(1) IPC and Section 4 of TN Prohibition of Harassment of Women Act 2002 in Crime No.147 of 2022 seeks anticipatory bail.

2. A perusal of FIR indicates that the petitioner had gone to the house of the defacto complainant due to dispute between them regarding money transaction, at that time, this petitioner who is arrayed as A4 along with three others had attacked the defacto complainant with hands and leg and taken his golden chain and bracelet and A2 grabbed the cell phone of the defacto complainant and broke it.

3.Considering the allegations made in the complaint and the proximity of the defacto complainant and the petitioner is living in the same area, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

4. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of seven days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Additional Mahila Court, Salem on condition that 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 Magistrate concerned and on further conditions that:

(a) if the petitioner 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 petitioner 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 petitioner shall report before the Namakkal Town Police Station, Namakkal daily at 10.30 a.m., for a period of 15 days; (d)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e)the petitioner 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner is 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/- 19/04/2022 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, ADDITIONAL MAHILA COURT, SALEM.

2 THE CHIEF JUDICIAL MAGISTRATE SALEM [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, AMMAPET POLICE STATION, SALEM DISTRICT 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE OFFICER INCHARGE NAMAKKAL TOWN POLICE STATION, NAMAKKAL.

+1 CC to M/S B.VASUDEVAN Advocate on payment of necessary charges SR.NO.5940 CRL OP.8453/2022 Date :19/04/2022 JPA 26/04/2022