Sujatha v. State Rep By
A.D.JAGADISH CHANDIRA, J.
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 307 & 506(ii) of the IPC r/w 120(B) of IPC, in Crime No.780 of 2021 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on 04.07.2021 at about 02.00hrs, the defacto complainant along with others went to meet his friend to ask money for his hospital expenses. Thereafter, altogether went to Chithammanur Lake Area and consumed alcohol. In the meanwhile, a wordy quarrel arose between them. Due to the loan dispute, the petitioner's husband, along with others, had abused the defacto complainant with filthy language and assaulted him with bare hands causing severe injuries and threatened the defacto complainant with dire consequences. Hence the complaint.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and she has not committed any offence as
alleged by the prosecution. He would further submit that the petitioner's husband had attacked the defacto complainant, thereby, causing severe injuries. The name of the petitioner was not found in the FIR and she was unnecessarily roped into this case. He would further submit that the injured has been discharged from the hospital. Hence, he prays for the grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side) for the respondent would submit that due to loan dispute, the petitioner's husband picked up a wordy quarrel with the defacto complainant and abused him with filthy language and assaulted him with bare hands. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.
5. Heard both sides and perused the materials available on record.
6. Considering the above facts and circumstances of the case and also the submissions made on both sides, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate II, Chengalpattu, on condition that the petitioner 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:
[a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of his Aadhar card or Bank pass Book to ensure their identity.
[b] the petitioner shall report before the respondent police every day at 10.30 a.m. for a period of three weeks and thereafter every Saturday at 10.30 a.m., until further orders. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioner 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 thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
24.04.2023 jas
A.D.JAGADISH CHANDIRA, J.
jas 24.04.2023