Victoriya v. State Represented By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23-04-2025
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP No. 12185 of 2025 1.Victoriya 2.Jaya Petitioner(s) Vs The State Represented by, The Inspector of Police, N-2, Kasimedu Police Station, Chennai.
(Crime No.49 of 2024) Respondent(s) For Petitioner(s) : Mr.K.B.Vivekanandhan For Respondent(s) : Mr.S.Balaji, Government Advocate (Criminal Side) PRAYER To enlarge the petitioners on anticipatory bail in the event of their arrest by the respondent in Crime No.49 of 2024 on the file of the Respondent.
ORDER
The petitioners who apprehend arrest at the hands of the respondent for the offences punishable under Sections 294(b), 323, 506(i) of IPC in Crime No.49 of 2024, on the file of the respondent Police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioners are the neighbours of the defacto complainant; and that on account of previous enmity, there was a wordy quarrel, due to which the petitioners along with other accused abused her 1 / 4
and also attacked her with hands causing injuries to her. Hence, the case
3. Learned counsel appearing for the petitioners would submit that the allegations are false; that the petitioners' names were not found in the FIR and in any case, the custodial interrogation of the petitioners is not required and sought for anticipatory bail.
4. Learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioners, reiterated the prosecution case and on instructions submitted that the injured has been discharged from the hospital and that the petitioners have no bad antecedents.
5. Heard the learned counsel for the petitioners, the learned Government Advocate (Criminal Side) appearing for the respondent police and perused the materials available on record.
6. Taking note of the facts and circumstances of the case, nature of allegations, submissions made by the learned counsel on either side, the fact that the injured has been discharged from the hospital, the petitioners were not named in the FIR, the petitioners have no bad antecedents and since, custodial interrogation is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
7. Accordingly, the petitioners are ordered to be released on bail in the 2 / 4
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 XVI Metropolitan Magistrate, Egmore, Chennai, 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 petitioners, being ladies, shall report before the respondent police 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 3 / 4
SUNDER MONHAN, J.
drl 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 absconds, a fresh FIR can be registered under Section 269 of B.N.S.
drl 23-04-2025 To
1. The Inspector of Police, N-2, Kasimedu Police Station, Chennai.
2. The Public Prosecutor, High Court, Madras.
CRL OP No. 12185 of 2025 4 / 4