Kamsala v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Fourteenth day of June Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.13262 of 2022 KAMSALA [ PETITIONER / ACCUSED ] Vs INSPECTOR OF POLICE [ RESPONDENT ] KALASAPAKKAM POLICE STATION, TIRUVANNAMALAI DISTRICT.

CRIME NO.127/2022.

For Petitioner : M/S.E.SATHIYARAJ Advocate For Respondent : MR. S.UDAYAKUMAR, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner herein arrayed as A5, who apprehends arrest for the alleged offence under Sections 147, 148, 294(b), 324, 506(2), 307 of I.P.C in Crime No.127 of 2022 was granted anticipatory bail by this Court on 11.04.2022 in Crl.O.P.No.8238 of 2022. Since the petitioner has not surrendered before the learned Magistrate within seven days from the date of receipt of copy of the order and comply the anticipatory bail condition, she is before this court reviving her anticipatory bail petition.

2.Learned counsel for the petitioner would state that since the entire family members of the petitioner was arrayed as accused in the said crime number, she was not able to comply the anticipatory bail condition within time.

3.Considering the said submission, this petition for anticipatory bail in Crl.O.P.No.13262 of 2022 is allowed and this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

4.Accordingly, the petitioner is ordered to be released on bail in the event of her arrest or on her appearance, within a period of seven days from the date of receipt of a copy of this order, before the learned District Munsif cum Judicial Magistrate, Thiruvannamalai District, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 conditions that:

(a) if the petitioner failed to surrender before the concerned Magistrate within a period of 7 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled.; (b) the petitioner and the sureties shall affix her 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 Investigating Officer as and when required;

(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 has 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/- 14/06/2022 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, KALASAPAKKAM, TIRUVANNAMALAI DISTRICT.

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

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.E.SATHIYARAJ Advocate on payment of necessary charges SR.NO. 9053 CRL OP.13262/2022 Date :14/06/2022 RW-17/06/2022