Amudha v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the Sixteenth day of September Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.16975 of 2021 1 AMUDHA [ PETITIONERS / ACCUSED ] 2 G.SANDHAKUMARI 3 G.DEEPALAKSHMI 4 RAJA 5 G.RAJKUMAR Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, VANIYAMBADI TALUK POLICE STATION, VELLORE DISTRICT CRIME NO.1003 OF 2020 For Petitioners : M/S.M.PREMKUMAR 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 for the alleged offence punishable under Sections 147, 294(b), 323, 427, 506(i) IPC r/w Section 4 of WH Act in Crime No.1003 of 2020 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that there was a wordy quarrel between the petitioners and the defacto complainant regarding dispute over the property. In this connection, the petitioners have abused the defacto complainant, assaulted her and also threatened her with dire consequences and caused injuries to her. Hence, the complaint. 3.The learned counsel appearing for the petitioners submits that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. He further submits that there is already a civil dispute going on between
the defacto complainant and the petitioners, due to which, a civil suit has been filed in the competent court. Hence, he prays for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl.Side) submits that petitioners and the defacto complainant are relatives and there was a dispute over the property, the present complaint has been filed. He further submits that the injured has been discharged from the hospital.
5.Considering the fact that the injured has been discharged from the hospital, this court is inclined to grant anticipatory bail to the petitioners.
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 Principal District Munsif-Cum-Judicial Magistrate, Vaniyambadi on condition that each of the petitioners shall execute separate bonds 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 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/- 16/09/2021 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, VANIYAMBADI.
2 THE CHIEF JUDICIAL MAGISTRATE VELLORE [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, VANIYAMBADI TALUK POLICE STATION, VELLORE DISTRICT 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S.M.PREMKUMAR Advocate on payment of necessary charges SR.NO.10156 CRL OP.16975/2021 Date :16/09/2021 JPA 28/09/2021