Dr.V.Ashok v. The State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Fourteenth day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.13613 of 2022 1 V.ASHOK [ PETITIONERS / ACCUSED ] 2 VANANGAMUDI PANDIYAN Vs STATE BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, PERAMBALUR.

CR.NO.32/2021.

For Petitioner : M/S.T.STARLIN GNANADHAS 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 294(b), 498(A), 354D, 354A, 406 IPC and Sec.4 D.P.Act and Sec.4 of TNPHW Act in Crime No.32 of 202, seek anticipatory bail.

2. The case of the prosecution is that the the defacto complainant on various levels of allegations gave a complaint under Section 156(3) of Cr.P.C., against petitioners before the Additional Mahila Court, Perambalur. Hence, the present complaint.

3. The learned counsel appearing for the petitioners would submit that first petitioner is innocent and not have committed any offences as alleged by the defacto complaint, wife of the first petitioner, whereas, he had been falsely implicated in the complaint as aforementioned. Further, he would submit that the defacto complaint has withdrew the case in H.M.O.P.No.162 of 2021 filed by her for a compromise between the first petitioner and hence, he prays to grant anticipatory bail to the petitioners.

4. The learned Additional Public Prosecutor admits the withdrawal of the case filed by the defacto complainant in H.M.O.P.No.162 of 2021 as there is a probable compromise between the first petitioner and the defacto complainant and thereby raised no serious objections 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, Additional Mahila Court, Perambalur, on condition that the petitioners 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 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 first petitioner alone shall report before the respondent police daily at 10.30 a.m. for a period of four weeks and thereafter as and when required for interrogation. [c] the second petitioner shall report before the respondent police as and when required for interrogation. [d] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioners 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 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].

[g] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A 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 JUDICIAL MAGISTRATE, ADDITIONAL MAHILA COURT, PERAMBALUR.

2 THE CHIEF JUDICIAL MAGISTRATE PERAMBALUR. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, PERAMBALUR.

+1 CC to M/S.T.STARLIN GNANADHAS Advocate on payment of necessary charges SR.NO.9037 CRL OP.13613/2022 Date :14/06/2022 TA-29/06/2022