S.Rani v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twentieth day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.14161 of 2022 1 S.RANI [ PETITIONERS / ACCUSED ] 2 MANIKANDAN 3 A.CHINNADURAI Vs STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, ARIYALUR POLICE STATION, ARIYALUR DISTRICT-621 704.

CRIME NO.165/2022.

For Petitioner : M/S. R.RAJASEKAR Advocate For Respondent : M/S.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), 323, 341, 363 and 506(i) of IPC r/w 9(9) & 10 of Protection of Child from Sexual Offences Act in Crime No.165 of 2022, seek anticipatory bail.

2. The petitioners family and the victim's family are neighbours. There was a wordy quarrel between both the families. During the quarrel, the dress of the victim boy aged about 13 years was removed by the petitioners family, while he was taking videograph of the quarrel between both the families.

3. Considering the above facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

4. 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 Mahila Judge, Ariyalur, on condition that each of the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, one among the sureties shall be a blood relative of the petitioners/accused, 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 three 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 abscond, a fresh FIR can be registered under Section 229A IPC.

-sd/- 20/06/2022 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 MAHILA JUDGE, ARIYALUR.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 INSPECTOR OF POLICE, ARIYALUR, POLICE STATION, ARIYALUR DISTRICT-621 704.

+1 CC to M/S. R.RAJASEKAR Advocate on payment of necessary charges SR.NO. 9565 CRL OP.14161/2022 Date :20/06/2022 RW-24/06/2022