Amsavalli v. State Repp By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the Nineteenth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.12249 of 2022 1 AMSAVALLI [ PETITIONERS / ACCUSED ] 2 THAIYALNAYAGI Vs STATE REPP BY ITS [ RESPONDENT ] INSPECTOR OF POLICE ALL WOMEN POLICE STATION, NANNILAM, THIRUVARUR DISTRICT CRIME NO.3 OF 2022 For Petitioners : M/S.S.MOHAMED UDUMAN Advocate For Respondent : MR.R.KISHORE KUMAR, Govt. Advocate (Crl. Side) 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 498(A), 294(b), 506(ii) of IPC r/w. Section 4 of Tamil Nadu Prohibition of Harassment of Women Act 2002 in Crime No.3 of 2022, seeks anticipatory bail.
2. It is the second anticipatory bail petition. The petitioners are arrayed as A2 and A3. The case of the prosecution is that A1 and the defacto complainant loved each other and A1 developed intimacy with her and impregnated her before marriage on the promise that he will marry her and later, tried to cheat her. Subsequently, only after negotiation, A1 married the defacto complainant. Subsequently, he avoid to lead matrimonial life and A1 along with the petitioners threatened her with dire consequences. Hence, the complaint.
3. The learned counsel for the petitioners would submit that the petitioners are in-laws of the defacto complainant and they have not committed any offence as alleged by the prosecution. He would further submit that A1 was arrested and released on bail. Therefore, he prays to grant anticipatory bail to the petitioners.
4. The learned Additional Public Prosecutor would submit that A1 was arrested and released on bail. However, he vehemently opposed to grant anticipatory bail to the petitioners.
5. Considering the above fact and circumstances of the case and also considering the fact that A1 in this case has been arrested and released on bail, 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 District Munsif cum Judicial Magistrate, Nannilam, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each, 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 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].
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
-sd/- 19/05/2022 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, NANNILAM.
2 THE CHIEF JUDICIAL MAGISTRATE THIRUVARUR [FOR INFORMATION] 3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, NANNILAM, THIRUVARUR DISTRICT 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S.S.MOHAMED UDUMAN Advocate on payment of necessary charges SR.NO.7447 CRL OP.12249/2022 Date :19/05/2022 JPA 25/05/2022