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Madras High CourtCRL OP/9021/2022granted

Parijatham v. The State Rep By Its,

2022-04-25Honourable Dr Justice G. Jayachandran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twenty Fifth day of April Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.9021 of 2022 PARIJATHAM [ PETITIONER / ACCUSED ] Vs THE STATE REP BY ITS, [ RESPONDENT ] THE INSPECTOR OF POLICE, EDAIYUR POLICE STATION, THIRUVARUR DISTRICT CR.NO.54 OF 2022.

For Petitioner : M/S.P.MUTHAMIZHSELVAKUMAR Advocate For Respondent : MR. S.SANTHOSH, Govt. Advocate ( Crl. Side) For Intervenor : M/S S.RITHIKA Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences under Sections 294(b), 352, 354, 324 and 506(II) of I.P.C in Crime No.54 of 2022, on the file of the respondent police, seek anticipatory bail. 2.

The petitioners herein are parents of A-1. The FIR indicates that the de facto complainant was cheated by A-1, it is alleged that A-1 promised the defacto complainant to marry her but refused to marry her, when she questioned the same these petitioners attacked her.

3. The accident register indicates simple injury and the de facto complainant discharged after 2 days of treatment as in-patient. 4.

Considering the nature of the complaint, this Court is inclined to grant anticipatory bail to the petitioners. 5.

Accordingly, the petitioners are ordered to be released on 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 Court, Thiruthuraipoondi, on condition that each of the petitioners shall execute separate bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) , with two sureties, each for a like sum to the satisfaction of the learned Magistrate, failing which the anticipatory bail shall stand canceled 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 Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b) the petitioners shall report before the Investigating Officer as and when required 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 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; (f) if the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 25/04/2022 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, THIRUTHURAIPOONDI 2 THE CHIEF JUDICIAL MAGISTRATE THIRUVARUR(FOR INFORMATION)

3 THE INSPECTOR OF POLICE, EDAIYUR POLICE STATION, THIRUVARUR DISTRICT 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.P.MUTHAMIZHSELVAKUMAR Advocate on payment of necessary charges Sr.6160 CRL OP.9021/2022 Date :25/04/2022 RVR 28/04/2022