Shanthi v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Wednesday, the Eighteenth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.11554 of 2022 1 SHANTHI [ PETITIONERS / ACCUSED ] 2 G.SATHISHKUMAR 3 G.JAGATHEESH Vs STATE REP BY [ RESPONDENT ] THE SUB INSPECTOR OF POLICE, VENNANDUR POLICE STATION, NAMAKKAL DISTRICT.
(CRIME NO.30 OF 2022) For Petitioner : M/S.W.CAMYLES GANDHI Advocate For Respondent : M/S.A.DAMODARAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, 324, & 506(ii) of IPC in Crime No.30 of 2022, seek anticipatory bail.
2. The case of the prosecution is that due to previous enmity, the first petitioner's husband along with the petitioners, while quarrelling with the defacto complainant, abused and also attacked him, thereby caused injuries. Hence, the complaint.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that already the petitioners were granted anticipatory bail by this Court in
Crl.OP.No.6197 of 2022 on 17.03.2022. However, they could not execute sureties within the stipulated time. Therefore, the present anticipatory bail petition has been filed.
4. The learned Additional Public Prosecutor would submit that the petitioners attacked the defacto complainant and caused injuries. He would further submit that the injured has been discharged from the hospital. However, he vehemently opposed to grant anticipatory bail to the petitioner.
5. Considering the above facts and circumstances of the case and also considering the fact that the victim discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions and also by imposing cost. 6.
Accordingly, the petitioners are directed to jointly pay Rs.2,500/- (Rupees Two Thousand and Five Hundred only) as cost to the Tamilnadu State Legal Services Authority, Chennai and on such payment, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Rasipuram, on condition that each of the petitioners 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.
[b] the petitioners shall jointly pay Rs.2,500/- (Rupees Two Thousand and Five Hundred only) as cost to the Tamilnadu State Legal Services Authority, Chennai [c] the petitioners shall report before the respondent police daily at 10.30 a.m. for a period of four weeks and thereafter 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 themselves as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [g] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.
-sd/- 18/05/2022 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 JUDICIAL MAGISTRATE, RASIPURAM.
2 THE CHIEF JUDICIAL MAGISTRATE NAMAKKAL DISTRICT. [FOR INFORMATION] 3 THE SUB INSPECTOR OF POLICE, VENNANDUR POLICE STATION, NAMAKKAL DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE SECRETARY, TAMIL NADU STATE LEGAL SERVICES AUTHORITY, CHENNAI.
+1 CC to M/S.W.CAMYLES GANDHI Advocate on payment of necessary charges SR.NO. 7128 CRL OP.11554/2022 Date :18/05/2022 RW 19/05/2022