Rajendran v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Friday, the Twenty Fourth day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.14625 of 2022 1 RAJENDRAN [ PETITIONERS / ACCUSED ] 2 SUDHA 3 UMANATH 4 SABITHA 5 MALAVIKA 6 THARANI Vs STATE REP BY [ RESPONDENT ] THE SUB INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, UTHIUKOTTAI, THIRUVALLUR DISTRICT.
(CRIME NO.02 OF 2013) For Petitioner : M/S.R.SASIKUMAR 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 alleged offences punishable under Sections 417, 376 and 506(ii) of IPC in Crime No. 02 of 2013, seek anticipatory bail.
2. The case of the prosecution is that there was a love affair between the 1st accused and the defacto complainant and after the enquiry, they are found to be married and living happily. Due to some misunderstanding both are separated. Hence, the 1st accused filed divorce petition in HMOP No.213 of 2014 and the same was decreed on 18.04.2016 in favour of the first accused. Due to previous enmity, the dafacto complainant lodged the present complaint.
3. The learned counsel for the petitioner would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He would further submit that the 1st accused was granted anticipatory bail in Crl.O.P.No.10666 of 2022. Therefore, he prays for grant anticipatory bail to the petitioners.
4. Considering the above fact and circumstances of the case, 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 is made ready, before the learned District Munsif-cum-Judicial Magistrate, Uthukottai, on condition that the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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 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 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 absconds, a fresh FIR can be registered under Section 229A IPC.
-sd/- 24/06/2022 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, UTHUKOTTAI 2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR(FOR INFORMATION) 3 THE SUB INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, UTHIUKOTTAI, THIRUVALLUR DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.R.SASIKUMAR Advocate on payment of necessary charges Sr.10124 CRL OP.14625/2022 Date :24/06/2022 RVR 30/06/2022