Jayammal v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twenty First day of April Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.8835 of 2022 1 JAYAMMAL [ PETITIONERS / ACCUSED ] 2 MURUGAN 3 SELVI Vs THE STATE REP BY ITS, [ RESPONDENT ] THE INSPECTOR OF POLICE, KANNANKURICHI POLICE STATION, SALEM CITY, SALEM For Petitioners : M/S.M.SENTHILKUMAR 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 for the alleged offence under Sections 294(b) and 324 I.P.C. in Crime No.306 of 2022, on the file of the respondent police, seeks anticipatory bail.

2. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side).

3.Perusal of the Accident Register indicates that the victim has sustained simple injury and treated as O.P. Considering the allegation made in the F.I.R and the nature of the injury, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on appearance, within a period of seven days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.IV, Salem, on condition that the 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 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) the petitioners and the sureties shall affix his 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;

(b)the petitioners shall not tamper with evidence or witness either during investigation or trial;

(c)the petitioners shall report before the Investigating Officer daily at 10.30 a.m. until further orders;

(d)the petitioners shall not abscond either during investigation or trial;

(e) 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 has 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]; and; (f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 21/04/2022 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, NO.IV, SALEM.

2 THE CHIEF JUDICIAL MAGISTRATE SALEM [FOR INFORMATION]

3 THE INSPECTOR OF POLICE, KANNANKURICHI POLICE STATION, SALEM CITY, SALEM 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.M.SENTHILKUMAR Advocate on payment of necessary charges SR.NO.5948 CRL OP.8835/2022 Date :21/04/2022 JPA 26/04/2022