Priya@Priyadarshini v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 30.09.2020 CORAM :

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.14217 of 2020 Priya @ Priyadarshini ... Petitioner Vs.

The State Rep by its The Inspector of Police, All Women Vandhavasi Police Station, Thiruvannamalai District.

Crime No.4 of 2020 ... Respondent PRAYER: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioner on bail in the event of his arrest in Crime No.4 of 2020 on the file of the respondent police.

For Petitioner : Mr. M. Kabilan For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

(The case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the offences publishable under Sections 294 (b), 376, 506(2) of IPC in Crime No. 4 of 2020 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution as per the de-facto complainant is that A1 in this case had committed rape on the mentally retarded child who is a daughter of the de-facto complainant and when the de-facto complainant had questioned the petitioner, who is the sister of the A1 she had abused and intimidated the victim. Hence, the complaint was registered.

3. The learned Counsel for the petitioner would submit that the petitioner is an innocent person and she has been falsely implicated in this case. He would submit that main allegations was against her brother and he has been arrested and remanded to judicial custody. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that A1 in this case had committed rape on the mentally retarded child who is a daughter of the de-facto complainant and when the defacto complainant had questioned that the petitioner, who is the sister of the A1 she had abused and intimidated the victim. However, he opposed for grant of anticipatory bail to the petitioner.

5. Taking into consideration the facts and submissions of the learned Counsel, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions;

6. Accordingly, the petitioner is 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 is made ready, before the learned Judicial Magistrate -I, Villupuram, on condition that the petitioner shall execute a separate 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 petitioner 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 petitioner shall stay at Vellore and report before the Vellore North Police Station everyday at 10.30. a.m until further orders. The petitioner shall not enter the jurisdiction Police Station without prior permission.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner 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 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].

[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

7.With the above directions, this Criminal Original Petition is ordered.

-sd/- 30/09/2020 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.II, NAGAPATTINAM.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, ALL WOMEN VANDHAVASI POLICE STATION, THIRUVANNAMALAI DISTRICT.

4 THE OFFICER INCHARGE, VELLORE NORTH POLICE STATION, VELLORE.

+1CC to M/S. M.KABILAN Advocate on payment of necessary charges SR NO.6564 CRL OP.14217/2020 Date :30/09/2020 MK:15/10/2020