V.Soundariya Meenakshi v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twenty Seventh day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.20024 of 2021 V.SOUNDARIYA MEENAKSHI [ PETITIONER / ACCUSED ] Vs THE INSPECTOR OF POLICE, [ RESPONDENT ] D2, REDDYCHAVADI POLICE STATION, CUDDALORE, CUDDALORE DISTRICT.

CRIME NO.NOT KNOWN OF 2021 For Petitioner : M/S.U.KARUNAKARAN Advocate For Respondent : MR. 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 petitioner, who apprehend arrest at the hands of the respondent police for the alleged offence under Sections 365 of I.P.C in Cr.No.Not known of 2021, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner aided the De-facto Complainant's husband to take custody of his child from the De-facto Complainant. Hence the De-facto Complainant had lodged a complaint against the petitioner. Based on which the law enforcing agency registered a case against the petitioner. 3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and she has been falsely implicated in this case. Hence she prays for grant of anticipatory bail.

4.The learned Government Advocate (Crl.Side) submitted that the child was secured and that the child was not taken to father's custody and further no serious allegation levelled against the petitioner.

5. Considering the facts and circumstances of the case that the child being not taken to father's custody and that there is no serious allegation levelled against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner. 6.Accordingly, the petitioner is granted anticipatory bail and she 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 Judicial Magistrate-I, Cuddalore, on condition that the petitioner shall execute a bond for a sum of Rs.

(d) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e)the petitioner shall not abscond either during investigation or trial;

(f)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]; and;

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

-sd/- 27/10/2021 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, NO.I, CUDDALORE.

2 THE CHIEF JUDICIAL MAGISTRATE CUDDALORE DISTRICT. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, D2, REDDYCHAVADI POLICE STATION, CUDDALORE, CUDDALORE DISTRICT.

+1 CC to M/S.U.KARUNAKARAN Advocate on payment of necessary charges SR.NO.12089 CRL OP.20024/2021 Date :27/10/2021 RW 10/11/2021