Shyam Sundhar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twenty Eighth day of April Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.9977 of 2022 1 SHYAM SUNDHAR [ PETITIONERS / ACCUSED ] 2 R.VIJAYAKUMARI Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, (*)E-1, MYLAPORE POLICE STATION, CHENNAI.

CRIME NO.180 OF 2022.

For Petitioner : M/S. G.SELVI GEORGE Advocate For Respondent : MR.S.SANTHOSH, Govt. Advocate ( Crl. Side) (CRL.O.P.NO.9977/2022) For Respondent : MR.S.UDAYA KUMAR, Govt. Advocate ( Crl. Side) (CRL.MP.NO.6527 & 6528 OF 2022 IN CRL.O.P.NO.9977/2022) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners herein, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 506(i), 448 & 354 of IPC, in Crime No.180 of 2022, on the file of the respondent police, seek anticipatory bail.

2. The 2nd petitioner is the 1st wife of one Sathish Kumar. The de facto complainant is the 2nd wife of the said Sathish Kumar.

3. The learned Government Advocate (Crl.side) states that the complaint is the result of family dispute and also money transaction involving Sathish Kumar.

4. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of seven days from the date of receipt of a copy of this order, before the (*)Learned Metropolitan Magistrate, No.XVIII, Saidapet, Chennai 15 on condition that each of the petitioners shall execute a separate 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) if the petitioners 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 petitioners 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 petitioners shall report before the Investigating Officer as and when required for interrogation;

(d)the petitioners shall not tamper with evidence or witness either during investigation or trial; (e)the petitioners 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 petitioners in accordance with law as if the conditions have 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;

(g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 28/04/2022 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.

[*] Amended and to comply with the said bail condition time is extended upto 22.06.2022. Respondent name and Satisfaction Court, as per order of this Court dated 08/06/2022 made in CRL.MP.NO.6527 & 6528 OF 2022 IN CRL.O.P.NO.9977/2022.

(**) Corrected Copy to be substituted for the order already despatched on 14/06/2022 .

TO (*) METROPOLITAN MAGISTRATE, NO.XVIII, SAIDAPET, CHENNAI 15 2 THE METROPOLITAN MAGISTRATE, SAIDAPET, CHENNAI.

3 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI. [FOR INFORMATION] 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE INSPECTOR OF POLICE, E-4, MYLAPORE POLICE STATION, CHENNAI.

(*)THE INSPECTOR OF POLICE, E-1, MYLAPORE POLICE STATION, CHENNAI.

+1 CC to M/S. G.SELVI GEORGE Advocate on payment of necessary charges SR.NO.8699 CRL OP.9977/2022 Date :28/04/2022 TA-05/05/2022 TA-13/06/2022 TA-17/06/2022