Meena Sharma v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Tuesday, the Fourteenth day of June Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.13144 of 2022 1 MEENA SHARMA [ PETITIONERS/ ACCUSED ] 2 SUNITHA 3 SANGEETHA DEVI Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, R-4, SOUNDARAPANDIYANAR POLICE STATION, PONDY BAZAAR, T.NAGAR, CHENNAI.
(CR.NO. 56/2022) For Petitioner : M/S.V.MANIKANDAN Advocate For Respondent : MR.S.UDAYAKUMAR, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest for the alleged offence under Sections 380 IPC in Crime No.56 of 2022, on the file of the respondent police, seek anticipatory bail.
2. The petitioners herein apprehend the arrest for the alleged offence under Section 380 I.P.C. in Crime No.56 of 2022 registered based on the complaint given by Manager of Showroom M/s.Saravana Stores, T.Nagar. When the petitioners approached this Court for anticipatory bail earlier, the petition was dismissed on the ground that the petitioners are absconding and the respondent police is unable to trace them and complete the investigation. Now, the present petition seeking anticipatory bail is filed.
3.Learned Public Prosecutor appearing for the respondent on instructions states that the petitioners are in Chennai and they have not fled. If the fact being so, this Court is of the view that for
the alleged complaint, arrest of these petitioners is not required. Hence, this Court is inclined to grant anticipatory bail to these petitioners, subject to certain conditions.
4.Accordingly, the petitioners are ordered to be released on bail in the event of his arrest or on appearance, within a period of seven days from the date of receipt of a copy of this order, before the learned XVII Metropolitan Magistrate, Saidapet, Chennai on condition that each of the petitioners 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 and on further conditions that: (a) the petitioners and the sureties shall affix his 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 not tamper with evidence or witness either during investigation or trial;
(c)the petitioners shall report before the Investigating Officer as and when required.;
(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 has 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 absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 14/06/2022 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 XVII METROPOLITAN MAGISTRATE, SAIDAPET, CHENNAI.
2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE,CHENNAI [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, R-4, SOUNDARAPANDIYANAR POLICE STATION, PONDY BAZAAR, T.NAGAR, CHENNAI-600 017 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1CC to M/S. V.MANIKANDAN Advocate on payment of necessary charges SR.No.9065 CRL OP.13144/2022 Date :14/06/2022 CSK 17/06/2022