Mrs. Shalini v. The State Rep By Its

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.11463 of 2022 1 SHALINI [ PETITIONERS / ACCUSED ] 2 SHANTHI Vs THE STATE REP BY ITS [ RESPONDENT ] THE INSPECTOR OF POLICE, W-9, ALL WOMEN POLICE STATION VILLIVAKKAM POLICE STATION, VILLIVAKKAM, CHENNAI DISTRICT.

CRIME NO. 2 OF 2022.

For Petitioner : M/S. A.VIJAYASANKAR 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 354, 354A, 294(b), 506(i) of I.P.C r/w section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 in Crime No.2 of 2022, seek anticipatory bail.

2. The case of the prosecution is that Petitioners and the defacto complainant became family friends. The petitioners misused the friendship and obtained money and jewellery from the de-facto complainant. It is also alleged that the A1 had illegal relationship with the de-facto complainant and abused her in unparliamentary words. Hence, the complaint.

3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Therefore, they prays to grant anticipatory bail to the petitioners.

4. The learned Additional Public Prosecutor would submit that the petitioners and the de-facto complainant are family friends. He further submitted that A1 had illegal relationship with the de-facto complainant. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the above fact and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6.

Accordingly, 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 Additional Mahila Court, Egmore, 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 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.

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioners 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 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].

[f] If the accused thereafter absconds, 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 ADDITIONAL MAHILA COURT, EGMORE.

2 THE INSPECTOR OF POLICE, W-9, ALL WOMEN POLICE STATION VILLIVAKKAM POLICE STATION, VILLIVAKKAM, CHENNAI DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. A.VIJAYASANKAR Advocate on payment of necessary charges Sr.7139 CRL OP.11463/2022 Date :18/05/2022 RVR 20/05/2022