Backiyalakshmi v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the Twenty Ninth day of April Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.7935 of 2021 BACKIYALAKSHMI [ PETITIONER / ACCUSED ] Vs THE INSPECTOR OF POLICE [ RESPONDENT ] T-6, AVADI POLICE STATION, AVADI, CHENNAI CRIME NO.165 OF 2021 For Petitioner : M/S.M.BABU MUTHU MEERAN Advocate For Respondent : M/S.T.SHUNMUGARAJESWARAN, Govt. Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 341, 294(b), 323 & 506(ii) of I.P.C. in Cr.No.165 of 2021 on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that the the petitioner and the defacto complainant are the siblings and they had dispute with regard to the property. Due to which, the petitioner along with other accused abused the defacto complainant and attacked him. Based on the complaint, the respondent police registered a case against the petitioner.
3.The learned counsel appearing for the petitioner submitted that the petitioner is innocent person and she is not committed any offence as alleged by the prosecution and she is no way connected in this case. Hence, the learned counsel prays to grant anticipatory bail to the petitioner.
4. The learned Additional Public Prosecutor appearing for the respondent submitted that due to wordy quarrel between the petitioner along with other accused, attacked the defacto complainant and the defacto complainant has no external injuries and the petitioner has no previous case.
5. Considering the facts and circumstances of the case and also the fact that there is no injury to the defacto complainant, this court is inclined to grant anticipatory bail to the petitioner.
6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate-II, Poonamallee, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten 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 petitioner 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 petitioner shall report before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter, as and when required for interrogation; (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 petitioners 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]; and; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 29/04/2021 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.II, POONAMALLEE.
2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE T-6, AVADI POLICE STATION, AVADI, CHENNAI.
+1CC to M/S.M.BABU MUTHU MEERAN Advocate on payment of necessary charges SR.NO.5612 CRL OP.7935/2021 Date :29/04/2021 MK:21/05/2021