Thaslim Fathima v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.07.2021

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.12342 of 2021 Thaslim Fathima ... Petitioner Vs.

State Represented by The Inspector of Police, Kuniyamuthur Police Station, Coimbatore District.

(Cr.No.458 of 2021) ... Respondent PRAYER: Criminal Original petition has been filed under Section 438 of Cr.P.C prayed to enlarge the petitioner on bail in the event of her arrest in Crime No.458 of 2021 on the file of the respondent Police. For Petitioner : Mr.W.Camyles Gandhi 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 punishable under Sections 147, 294(b) and 307 of IPC in Crime No.458 of 2021, on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the defacto complainant resided in his grandmother's house and worked in a mobile shop. On the date of occurrence, the petitioner informed the defacto complainant's grandmother that she vacate her house since the defacto complainant has misbehaved with the petitioner's daughter. So, it was questioned by the defacto complainant, due to which, the petitioner and her husband went to the defacto complainant's house and attacked him severely and also threatened to murder him. Thereby, the defacto complainant sustained injuries. Hence the complaint. 3.The learned counsel appearing for the petitioner submits that the petitioner has not committed any offence as alleged by the prosecution and she has been falsely implicated in this case. He further submits that the defacto complainant misbehaved with the

petitioner's daughter and saw her in the bathroom and took sexual videographs without dress in the bathroom in open door. It was questioned by the petitioner, due to which, the defacto complainant attacked the petitioner, thereby, the petitioner sustained injures. On the above allegation, the petitioner gave a complaint before the respondent police in Crime No.456 of 2021, for which a counter blast was filed against the petitioner. Hence, he prays for grant of anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl.Side) submits there was a case in counter and there was no previous against the petitioner. However, he vehemently opposed for grant of anticipatory bail to the petitioners.

5.Considering the facts and circumstances of the case and it was case in counter, this Court is inclined to grant anticipatory bail to the petitioner.

6.Accordingly, the petitioner ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate VII, Coimbatore 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) 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; (b) the petitioner 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 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 petitioners 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;

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

-sd/- 20/07/2021 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 JUDICIAL MAGISTRATE, NO.VII, COIMBATORE 2 THE CHIEF JUDICIAL MAGISTRATE COIMBATORE [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, KUNIYAMUTHUR POLICE STATION, COIMBATORE DISTRICT 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S W.CAMYLES GANDHI Advocate on payment of necessary charges S.R. NO.7568 CRL OP.12342/2021 Date :20/07/2021 RW 02/08/2021