Manikandan v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the Twenty Sixth day of August Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.15330 of 2021 1 MANIKANDAN [ PETITIONER / ACCUSED ] 2 AMBIKAPATHI Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, V.KALATHUR POLICE STATION, THIRUVARUR DISTRICT.
CRIME.NO.323/2021 For Petitioner : M/S.D.ARUN Advocate For Respondent : M/S. C.E.PRATAP, Govt. Advocate ( Crl. Side) 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 under Sections 294(b), 323, 324, 354(B) of IPC and Section 4 of Women Harassment Act in Crime No.323 of 2021, on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that the de-facto complainant's husband is working in abroad and taking advantage of the absence of the de-facto complainant's husband, the petitioners(A1 & A2) and A3, who are in-laws of the de-facto complainant, abused her in a filthy language and assaulted her with wooden log and thereby, caused injuries to her. Hence the complaint.
3.The learned counsel appearing for the petitioners would submit that the petitioners did not commit any offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioners.
4.The learned Government Advocate (Crl. Side) would submit that taking advantage of the absence of the de-facto complainant's husband, the petitioners along with A3 abused, threatened and attacked the defacto complainant. 5.Considering the facts and circumstances of the case and the submissions made by the learned counsels, this Court is inclined to grant anticipatory bail to the petitioners subject to the following 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 of receipt of a copy of this order, before the learned Judicial Magistrate, Additional Mahila Court, Perambalur, 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 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 Court concerned 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 and 5.30 p.m until further orders. (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]; and;
(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 26/08/2021 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, ADDITIONAL MAHILA COURT, PERAMBALUR 2 THE CHIEF JUDICIAL MAGISTRATE PERAMBALUR [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, V.KALATHUR POLICE STATION, THIRUVARUR DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S.D.ARUN Advocate on payment of necessary charges SR.No. 8996 CRL OP.15330/2021 Date :26/08/2021 APN 02/09/2021