← Library
Madras High CourtCRL OP/10646/2021granted

Pushpa@Pushba v. State Rep.By

2021-06-21Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.06.2021

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.10646 of 2021 Pushpa @ Pushba ... Petitioner Vs.

State Rep by Inspector of Police, Paradarami Police Station, Vellore District.

(Cr.No.59 of 2021) ... Respondent PRAYER: Criminal Original petition has been filed under Section 438 of Cr.P.C prayed to enlarge the petitioner on bail in the event of her arrest in Crime No.59 of 2021 on the file of the Inspector of Police, Paradarami Police Station, Vellore District pending investigation.

For Petitioner : Mr.C.Vinodhkumar For Respondent : Mr.C.E.Pratap Government Advocate (Crl.Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 294(b), 323, 324 and 307 of IPC in Crime No.59 of 2021, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner and the defacto complainant are relatives and there was a land dispute between them. On 04.05.2021, when the defacto complainant and her husband working on their field, the petitioner along with her husband came to the field, picked a quarrel with them and attacked by using hand. Further, the petitioner's husband had stabbed the defacto complainant's husband on his stomach and he was taken to hospital and thereby, the defacto complainant's husband sustained injuries. Hence, the complaint was registered.

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

4.The learned Government Advocate (Crl.Side) submits that there was a land dispute between the petitioner and the defacto complainant, due to which, there was a wordy quarrel between them and the petitioner's husband stabbed the defacto complainant's husband on his stomach, thereby he sustained injuries. He would further submit that the injured person has been discharged from the hospital. However, he vehemently opposed for grant of anticipatory bail to the petitioner.

5.Considering the fact that the injured person has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Gudiyatham, 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) 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;

(b) the petitioner shall report before the respondent police daily at 10.30 a.m for a period of two weeks and thereafter as and when required for interrogation.

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

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC. -sd/- 21/06/2021 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, GUDIYATHAM.

2 THE CHIEF JUDICIAL MAGISTRATE VELLORE [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, PARADARAMI POLICE STATION, VELLORE DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. G.VINODHKUMAR Advocate on payment of necessary charges CRL OP.10646/2021 Date :21/06/2021 MK:22/07/2021