Bagkiya@Bagyalakshmi v. State Rep By Iop

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twenty Seventh day of April Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.9583 of 2022 BAGKIYA @ BAGYALAKSHMI [ PETITIONER / ACCUSED ] Vs STATE REP BY IOP [ RESPONDENT ] INSPECTOR OF POLICE, W-9, ALL WOMEN POLICE STATION, VILLIVAKAM, CHENNAI.

CR.NO.1/2022.

For Petitioner : M/S. N.NARESH Advocate For Respondent : MR. S.SANTHOSH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner herein apprehending arrest by the respondent police for an offences under Sections 498-A, 294(b), 501, 506(i) IPC r/w 109 of IPC in Crime No.1 of 2022 on the file of the respondent police seeks anticipatory bail.

2.The petitioner herein apprehending arrest from the respondent police in crime No.1 of 2022 registered at the instructions of one Suganya alleging that her husband Gopala Kannan under the ill-advice of the petitioner had neglected her and the petitioner morphing her photographs and projecting the defacto complainant as if she has lost her moral.

3. The learned counsel for the petitioner had submitted that the petitioner has not committed any such offence as alleged by the prosecution and she has been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioner.

4. Considering the averments made in the complaint and the submissions made by the petitioner, this Court is inclined to grant anticipatory bail to the petitioner.

5. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on her appearance, within a period of seven days from the date of receipt of a copy of this order, before the learned Additional Mahila Court, Egmore, Chennai, 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 learned Magistrate concerned and on further conditions that:

(a) if the petitioner failed to surrender before the concerned Magistrate within a period of 7 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; (b) 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;

(c) the petitioner shall report before respondent police as and when required for an interrogation;

(d)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e)the petitioner shall not abscond either during investigation or trial;

(f)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 is 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 (g) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A 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 ADDITIONAL MAHILA COURT, EGMORE, CHENNAI 2 INSPECTOR OF POLICE, W-9, ALL WOMEN POLICE STATION, VILLIVAKAM, CHENNAI.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. N.NARESH Advocate on payment of necessary charges Sr.6360 CRL OP.9583/2022 Date :27/04/2022 RVR 05/05/2022