Saranya v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twenty Third day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.14504 of 2022 SARANYA [ PETITIONER / ACCUSED ] Vs THE STATE REP BY ITS, [ RESPONDENT ] THE INSPECTOR OF POLICE, NEYVELI THERUMAL POLICE STATION, CUDDALORE DISTRICT CRIME NO.293 OF 2022 For Petitioner : M/S.T.MEGANATHAN Advocate For Respondent : MR.A.DAMODARAN, Additional public Prosecutor For Intervenor : M/S.MUTHAMIZHSELVAKUMAR, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 307 of IPC, in Crime No.293 of 2022, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner given rat poison to the petitioner. Hence, the complaint

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution. Further, he submitted that the victim abused the petitioner sexually and she also lodged a complaint before the respondent police and C.S.R.No.115 of 2022 is pending. Hence, he prays for anticipatory bail.

4.The learned Additional Public Prosecutor would submit that the petitioner given rat poison to the petitioner. Hence, he vehemently opposed for grant of anticipatory bail 5.It is seen that there is matrimonial dispute between the husband and wife, due to which the victim consumed rat poison and was admitted in the hospital. In fact, before the date of occurrence, the petitioner lodged a complainant against the victim before the respondent police and copy of C.S.R No.115 of 2022 was issued, which is pending for enquiry.

6. Considering the above facts, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7. 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 made ready, before the learned District Munsif-cum-Judicial Magistrate, Neyveli, Cuddalore District, on condition that the petitioner shall execute a separate bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties, one among the surety shall be a blood relative of the 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 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 appear before the respondent police 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 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.

-sd/- 23/06/2022 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, NEYVELI 2 THE CHIEF JUDICIAL MAGISTRATE CUDDALORE [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, NEYVELI THERUMAL POLICE STATION, CUDDALORE DISTRICT 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.T.MEGANATHAN Advocate on payment of necessary charges SR.NO.9820 CRL OP.14504/2022 Date :23/06/2022 JPA 29/06/2022