Selvam v. The 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.8824 of 2022 1 SELVAM [ PETITIONERS / ACCUSED ] 2 RAJAMMAL Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, MECHARI POLICE STATION, SALEM DISTRICT CRIME NO.149/2022 For Petitioner : M/S.D.LAKSHMIPATHY 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/A1 and A2, who apprehend arrest at the hands of the respondent police for the offences punishable under (*)Sections 294(b), 323, 324, 342 and 506(ii) of IPC r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 in Crime No.149 of 2022, seek anticipatory bail.
2.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl.Side) appearing for the respondent.
3.The allegation against the petitioners is that a matrimonial dispute between the husband and wife over taking care of the mentally retarded son has led to physical assault followed by a criminal complaint.
4.Considering the nature of the injury caused by the defacto complainant, this Court is inclined to grant anticipatory bail to the petitioners.
5.Accordingly, the petitioners are ordered to be released on anticipatory 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 Judicial Magistrate No.II, Mettur, on condition that each of the petitioners 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, failing which the anticipatory bail shall stand cancelled 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 Investigation Officer as and when required for 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/- 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.
(*)Amended and Time for complying the condition is 16.05.2022 as per order of this Court Dated 29/04/2022 made in CRL.MP.No.5924 OF 2022 IN CRL.O.P.NO.8824 OF 2022 TO 1 THE JUDICIAL MAGISTRATE, NO.II, METTUR, SALEM DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE SALEM DISTRICT. [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, MECHARI POLICE STATION, SALEM DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.D.LAKSHMIPATHY Advocate on payment of necessary charges CRL OP.8824/2022 Date :19/04/2022 RW 21/04/2022 JPA 11/05/2022