Kalaiselvi v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.06.2021
CORAM
THE HONOURABLE MR. JUSTICE M.DHANDAPANI CRL.O.P.No.9578 of 2021 Kalaiselvi
...Petitioner
Versus
State Rep. by The Inspector of Police, All Women Police Station,Thudiyalur, Coimbatore District.
(Cr.No.9 of 2021)
...Respondent
PRAYER: Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioner on anticipatory bail in the event of arrest by the respondent Police in Crime No.9 of 2021 on the file of the respondent Police.
For Petitioner : Mr.D.Bennington For Respondent : Mr.A.Gopinath Government Advocate (Crl. side)
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 417, 376, 294(b), 323 and 506(ii) in Cr.No.9 of 2021, on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that the defacto complainant and one Nirmalkumar had love affair and the said person on promise of marrying the defacto complainant, had illegal relationship with her and thereafter he refused to marry her. When it was questioned by the defacto complainant and her father, his brother Gopinath and the petitioner herein have assaulted them and hence this complaint. 3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and she has been falsely implicated in this case. 4.The learned Additional Public Prosecutor submitted that there is no previous case against the petitioner.
5.Considering the nature of the case and also that there is no previous case against the petitioner, I am inclined to grant 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, Additional Mahila Court, Coimbatore, 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)if the petitioner failed to surrender before the concerned Magistrate within a period of 15 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; (b)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 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)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 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/- 17/06/2021 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, ADDITIONAL MAHILA COURT, COIMBATORE.
2 THE CHIEF JUDICIAL MAGISTRATE COIMBATORE [FOR INFORMATION].
3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THUDIYALUR, COIMBATORE DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S.D.BENNINGTON Advocate on payment of necessary charges SR.NO. 6604 CRL OP.9578/2021 Date :17/06/2021 MN-30/06/2021