Akalya v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.04.2022

CORAM:

THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.9666 of 2022 Akalya .. Petitioner Vs.

The State of rep. by The Inspector of Police, Anamalai Police Station, Tiruppur District.

(Crime No.184 of 2022) .. Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in connection with the case in Crime No.184 of 2022, on the file of the respondent police.

For Petitioner : Mr.D.R.Arun Kumar For Respondent : Mrs.G.V.Kasthuri Additional Public Prosecutor ********

O R D E R

The petitioner, who was arrested for the offences punishable under Sections 147, 294(b), 449, 323, 324 and 302 of IPC in Crime No.184 of 2022, on the file of the respondent police, seeks bail. 2.In connection with the sharing of the common water tank by the defacto complainant family and the petitioner family, enmity was persisting between them and on 19.02.2022, the deceased has picked quarrel with the petitioner and her family members. As a consequence, the petitioner along with the family members nearly 10 in numbers, had gone to the house of the deceased, dragged him out, attacked him brutally and caused his death. The petitioner and others were arrested on 20.02.2022.

3.As far as this petitioner is concerned, who is arrayed as A3, her overtact as spoken in the F.I.R is that she along with the other accused Banumathi @ Jarina Banu and some of the friends of

Ragavendran, has attacked the deceased on his face, neck and head by hands and leg.

4.Considering the fact that the petitioner is a lady and she had not carried any weapons and she has attacked the deceased with the fist and leg and not with any weapon, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail subject to the following conditions; (a) the petitioner shall execute a 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 Principal District and Sessions Judge, Coimbatore;

(b) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity; (c) the petitioner is directed to appear before the respondent police daily at 10.30 a.m., until further orders; (d) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e) on breach of any of the aforesaid conditions, the learned Judicial 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.

-sd/- 27/04/2022 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 PRINCIPAL DISTRICT AND SESSIONS JUDGE, COIMBATORE.

2 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.

3 THE INSPECTOR OF POLICE, ANAMALAI POLICE STATION, TIRUPPUR DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S. D.R.ARUN KUMAR Advocate on payment of necessary charges SR.NO. 6364 CRL OP.9666/2022 Date :27/04/2022 RW 28/04/2022