Rajasundari v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Tuesday, the Fourteenth day of September Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.16845 of 2021 1 RAJASUNDARI [ PETITIONERS/ ACCUSED ] 2 RAJKUMAR @ RAJAKUMARAN 3 RAVICHANDIRAN 4 SUNDARAMBAL Vs THE STATE REP BY [ RESPONDENT ] THE STATION HOUSE OFFICER, CUDDALORE OT POLICE STATION, CUDDALORE DISTRICT CRIME NO.131/2021 For Petitioner : M/S.K.GANDHI KUMAR Advocate For Respondent : MR. A.GOPINATH, 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 offence under Section 294(b), 323, 506(i) and 379 of IPC r/w 4 of TNPWH Act, in Crime No.131 of 2021 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the petitioners and the defacto complainant are neighbours. There was a dispute between them in throwing garbage. Hence, the complaint.
3.The learned counsel appearing for the petitioners submits that the petitioners did not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. 4.The learned Government Advocate (Crl.Side) submits that the petitioners and the defacto complainant are neighbours. There was a dispute between them in throwing garbage. Hence, he opposed for grant of anticipatory bail to the petitioners.
5. Considering the fact and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners. 6.Accordingly, the petitioners 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 of receipt of a copy of this order, before the learned Additional Mahila Court, Cuddalore on condition that the petitioners 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 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 for a period of two weeks and thereafter 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]; and; (f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 14/09/2021 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 ADDITIONAL MAHILA COURT, CUDDALORE.
2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
3 THE STATION HOUSE OFFICER, CUDDALORE OT POLICE STATION, CUDDALORE DISTRICT.
+1 CC to M/S.K.GANDHI KUMAR Advocate on payment of necessary charges SR.NO.9993 CRL OP.16845/2021 Date :14/09/2021 RW 01/10/2021