Vedhalakshmi v. The State Represented By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Eighteenth day of August Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.13825 of 2021 VEDHALAKSHMI [ PETITIONER / ACCUSED ] Vs THE STATE REPRESENTED BY, [ RESPONDENT ] THE INSPECTOR OF POLICE, NANNILAM POLICE STATION, THIRUVARUR DISTRICT, (CRIME NO. 839/2021).

For Petitioner : M/S. T.MURUGANANTHAM Advocate For Respondent : MR.A.GOPINATH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest for the alleged offence punishable under Section 417, 420, 294(b), 506(1) of IPC and Section 4 of TN Prohibition of Harassment of Woman Act, 2002 in Crime No.839 of 2021 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that A1 in the case fell in love with the defacto complainant and thereafter, refused to marry her. Hence, the complaint.

3.The learned counsel appearing for the petitioner submits that the petitioner is the mother of A1 and she has not committed any offence as alleged by the prosecution and she has been falsely implicated in this case. He further submits that the co-accused were already enlarged on bail in Crl.OP.No.12773 of 2021 dated 23.07.2021. Therefore, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) submits that A1 in the case fell in love with the defacto complainant and thereafter, refused to marry her, the present complaint has been filed. He further submits that this court had already granted anticipatory bail to the co-accused in Crl.OP.No.12773 of 2021 dated 23.07.2021. However, he vehemently opposed for grant of anticipatory bail to the petitioner. 5.Considering the facts and circumstances of the case and coaccused were already enlarged on bail, this court is inclined to grant anticipatory bail to the petitioner.

6.Accordingly, the petitioner is 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, Nannilam, 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 petitioner 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]; and;

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

-sd/- 18/08/2021 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, NANNILAM.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVARUR [FOR INFORMATION].

3 THE INSPECTOR OF POLICE, NANNILAM POLICE STATION, THIRUVARUR DISTRICT, 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S. T.MURUGANANTHAM Advocate on payment of necessary charges SR.NO. 8729 CRL OP.13825/2021 Date :18/08/2021 JPA 27/08/2021