Madras High CourtCRL OP/7290/2020interim direction made absolute

Mrs. Jayalakshmi v. State Rep By

2022-08-12Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.08.2022

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Jayalakshmi ..Petitioner Vs.

State rep.by, The Inspector of Police, P-6, Kodungaiyur Police Station, Chennai District.

crime No.198 of 2020 ..Respondent PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner/accused 5 on bail in Crime No.198 of 2020 pending investigation on the file of the respondent police. For Petitioner : Mr.M.Anandan For Respondent : Mr.A.Damodaran, Additional Public Prosecutor 1/4

ORDER

The petitioner who was arrested and remanded to judicial custody on 28.02.2020 for the offences publishable under Sections 147, 148, 448, 294(b), 302, 506(ii) of the Indian Penal Code in Crime No. 198 of 2020 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the accused persons went to the defacto complainant's house and assaulted the defacto complainant and his family members. Hence, the case.

3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor.

4. Considering the facts and circumstances of the case, the interim bail granted to the petitioner in Crl.OP.No.7290 of 2020 dated 27.04.2020 is made absolute on the following conditions; 2/4

[a] the petitioner shall report before the respondent police daily at 10.30 a.m. and 05.30 p.m. for a period of four weeks and thereafter report before the respondent police as and when required for interrogation.

[b] the petitioner shall not abscond either during investigation or trial.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] 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 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].

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

12.08.2022 Sma 3/4

G.K.ILANTHIRAIYAN, J.

Sma To 1.The Inspector of Police, P-6, Kodungaiyur Police Station, Chennai District.

2.The Public Prosecutor, High Court of Madras Crl.O.P.No.7290 of 2020 12.08.2022 4/4