J. Lilli Sundari v. Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Friday, the Twenty Seventh day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice M. NIRMAL KUMAR CRIMINAL ORIGINAL PETITION No.12752 of 2022 1 J. LILLI SUNDARI [ PETITIONERS / ACCUSED ] 2 S.SELVARAJ 3 J.SUNDAR @ PRINCE SUNDAR Vs INSPECTOR OF POLICE [ RESPONDENT ] SARAVANAMPATTY POLICE STATION, COIMBATORE, COIMBATORE DISTRICT.
CRIME 355 OF 2022.
For Petitioner : M/S.S.RAMESH Advocate For Respondent : M/S.V.MEGANATHAN, 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 for the alleged offence under sections 448, 294(b) and 324 of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 in Crime No.355 of 2022, on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that due to family dispute, the petitioners are alleged to have assaulted the defacto complainant.
3. The learned counsel for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution and pray for grant of Anticipatory Bail to the petitioners.
4.The learned Government Advocate (Criminal Side) appearing for the respondent submitted that based on the complaint lodged by the defacto complainant, the case was registered. 5.Heard the submissions made by the learned Counsel appearing for the petitioners and the learned Government Advocate (crl.side) appearing for the respondent.
6. Considering the fact that the case is due to family dispute, this Court is inclined to grant anticipatory bail to the petitioners subject to imposing conditions.
7.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, Coimbatore, 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 petitions for anticipatory bail shall 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 Court concerned 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 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]; and;
(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 27/05/2022 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, COIMBATORE.
2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
3 INSPECTOR OF POLICE SARAVANAMPATTY POLICE STATION, COIMBATORE, COIMBATORE DISTRICT.
+1 CC to M/S.S.RAMESH Advocate on payment of necessary charges SR.NO. 8079 CRL OP.12752/2022 Date :27/05/2022 RW-01/06/2022