Pappitha v. State Rep.By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.07.2021

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.11544 of 2021 Mrs.Pappitha

...Petitioner

Vs.

State rep by its ... Respondent The Inspector of Police, (M-8) Sathangadu Police Station, Crime No.491 of 2021.

PRAYER: Criminal Original Petition has been filed under Section 438 of Cr.P.C, prayed to enlarge the Petitioner/Accused on anticipatory bail in event of arrest in Crime No. 491 of 2021 on the file of Respondent Police (M-8, Sathangadu Police Station). For Petitioner : Mr.M.Illiyas For Respondent : Mr.A.Gopinath Government Advocate (Crl side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence under Section 506 (i) of IPC, in Crime No.491 of 2021, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the defacto complaint and the petitioner's husband are friends and they have taken selfie. Further, the said photo was seen by the petitioner and the same was forwarded to the husband of the defacto complainant. Thereafter, there was a family problem between the defacto complainant and her husband. On 22.06.2021, the petitioner had threatened the defacto complainant through phone. Further, the defacto complainant had consumed 20 Live-25 tablets. 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 is no previous case pending as against the petitioner. However, he vehemently opposed for grant of anticipatory bail to the petitioner. 5.Considering the fact that there is no previous case pending against the petitioner, 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 XV Metropolitan Magistrate, George Town, Chennai 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) if the petitioner fail to surrender before the concerned Magistrate within a period of 15 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 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;

(c) the petitioner shall report before the respondent police as and when required for interrogation.

(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 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]; and; (g) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 08/07/2021 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 METROPOLITAN MAGISTRATE NO.XV, GEORGE TOWN, CHENNAI.

2 THE CHIEF METROPOLITAN MAGISTRATE (FOR INFORMATION), EGMORE, CHENNAI.

3 THE INSPECTOR OF POLICE, M-8, SATHANGADU POLICE STATION, 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.M.ILLIYAS Advocate on payment of necessary charges CRL OP.11544/2021 Date :08/07/2021 INBA 22/07/2021