Shanthi v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.08.2022

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Shanthi

...Petitioner

Vs.

State Rep. by The Inspector of Police, Pennadam Police Station, Cuddalore District.

(Cr.No.452 of 2022).

...Respondent

PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in connection with Cr.No.452 of 2022 on the file of the Respondent Police.

For Petitioner : Mr.R.Sudhakar For Respondent : Mr.A.Damodaran, Additional Public Prosecutor

ORDER

The petitioner, who was arrested and remanded to judicial custody on 01.08.2022 for the offence punishable under Sections 147, 148, 294(b), 323, 324, 506(2), 302 of IPC, 1860 in crime No.452 of 2022 on the file of the respondent police, seeks bail. 1/4

2. It is the case of the prosecution that the deceased is the father of the de-facto complainant. The complainant's brother's wife contested in panchayat President election of Pennadam hamlet and she was defeated by A5. Due to that election motive, the petitioner along with other accused persons attacked the deceased and his family members by using wooden log, iron pipe and knife, due to which the the deceased died. Hence, the case.

3. As far as the petitioner is concerned, she is arrayed as A6. She attacked with hands on the deceased.

4. Considering the fact that already this Court granted bail to A1 to A3 and anticipatory bail to A4 and A5, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail on her executing 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 Judicial Magistrate Court - Thitakudi, and on further conditions that:

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[a] 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 petitioner shall report before the respondent police twice daily at 10.30 a.m. and 5.30 p.m. for a period of four weeks and thereafter as and when required for interrogation. [c] the petitioner shall not abscond either during investigation or trial.

[d] the petitioner shall not tamper with evidence or witness 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 petitioner 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.

11.08.2022 mpl 3/4

G.K.ILANTHIRAIYAN, J.

mpl To 1.The Judicial Magistrate Court - Thitakudi.

2.The Inspector of Police, Pennadam Police Station, Cuddalore District.

3.Central Prison for Women, Cuddalore.

4.The Public Prosecutor, High Court of Madras Crl.O.P.No.18997 of 2022 11.08.2022 4/4