Suseela v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.06.2020

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.No.8530 of 2020 1.Suseela 2.Ponnammal ... Petitioners ..Vs..

State rep. by The Sub-Inspector of Police Kariyakovil Police Station Attur (Crime No.8 of 202 ... Respondent PRAYER: Criminal Original Petition filed under Section 438 of the Criminal Procedure Code, seeking to enlarge the petitioners on anticipatory bail in the event of their arrest in Crime No.8 of 2020 on the file of the respondent.

For Petitioners : Mr.L.Mouli For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

The petitioners/A3 & A4, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323, 324, 326 & 506(ii) of IPC in Crime No.8 of 2020 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that there was a property dispute between the parties and the victim was attacked by the accused persons and he sustained grievous injuries. There are totally 4 accused persons in this case. The petitioners are ranked as A3 & A4.

3.The learned counsel for the petitioners submitted that the petitioners are ladies and they have been falsely roped in this case. 4.The learned Additional Public Prosecutor submitted that the earlier anticipatory bail petitions filed by the petitioners were dismissed by this Court. It was further submitted that the investigation is at its final stage.

5.Taking into consideration the facts and circumstances of the case and the fact that the investigation has already reached final stages, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearances, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate

No.1, Attur, on condition that the petitioners shall execute a bond for a sum of Rs.5,000/- (Rupees Five thousand only) each 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[a] the petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioners shall report before the respondent police on every Monday at 10.30 a.m. until further orders for interrogation.

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

[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 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].

[f] If the accused persons thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

-sd/- 19/06/2020 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.I, ATTUR 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE SUB-INSPECTOR OF POLICE, KARIYAKOVIL POLICE STATION, ATTUR.

CC to M/S.L.MOULI Advocate on payment of necessary charges CRL OP.8530/2020 Date :19/06/2020 RD 07/08/2020