Kirshnaveni v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Fifteenth day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.13438 of 2022 1 KIRSHNAVENI [ PETITIONERS/ ACCUSED ] 2 MAHALAKSHMI Vs THE STATE REP BY ITS, [ RESPONDENT ] THE INSPECTOR OF POLICE, ELAVANASOORKOTTAI POLICE STATION, KALLAKURUCHI DISTRICT.

(CR.NO.343 OF 2021) For Petitioner : M/S.P.MUTHAMIZHSELVAKUMAR Advocate For Respondent : MR.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 147, 148, 294(b), 323, 324 and 506(II) of IPC R/w Section 4 of Tamil Nadu Prohibition of Women Harassment Act, 2002, in Crime No.343 of 2021, seek anticipatory bail.

2. The case of the prosecution is that the petitioners had a wordy quarrel with the defacto complainant. It is alleged that the petitioners abused the defacto complainant with filthy language. It is further alleged that the defacto complainant was attacked by the petitioners and some other persons with wooden log and knife and also threatened them with dire consequences. Hence, the complaint.

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

4. The learned Additional Public Prosecutor would submit that the petitioners with some other persons attacked the defacto complainant and caused injuries. He would further submit that the injured has been discharged from the hospital on 27.09.2021. However, he vehemently opposed to grant anticipatory bail to the petitioners.

5. Considering the above facts and circumstances, 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 Judicial Magistrate Court No-1, Ulunthurpet 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 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/- 15/06/2022 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 JUDICIAL MAGISTRATE, NO.I, ULUNTHURPET.

2 THE CHIEF JUDICIAL MAGISTRATE VILLUPURAM [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, ELAVANASOORKOTTAI POLICE STATION, KALLAKURUCHI DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S.P.MUTHAMIZHSELVAKUMAR Advocate on payment of necessary charges SR.No.9087 CRL OP.13438/2022 Date :15/06/2022 CSK 21/06/2022