J.P.Kasthoori @ Kasthooribai v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the Twenty Eighth day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.19610 of 2021 1 J.P.KASTHOORI @ KASTHOORIBAI [ PETITIONERS / ACCUSED ] 2 J.PRAKASH Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ARCOT TOWN POLICE STATION, RANIPET DISTRICT.
CRIME NO. 451 OF 2021.
For Petitioner : M/S. S.ANBURAJA Advocate For Respondent : MR. C.E.PRATAP, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL 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 Sections 294(b), 420, 506(i) of I.P.C. read with Section 4 of Tamil Nadu Prohibition of Harassment Women Act in Cr.No.451 of 2021 on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that the petitioners are alleged to have taken 9 sovereigns of gold from the defacto complainant and thereafter did not return the same.
3.The learned counsel appearing for the petitioners would submit that the petitioners have not committed any offence as alleged by the prosecution. The learned counsel further submitted that the occurrence is said to have happened in the year 2015, however, the defacto complainant has lodged the complaint only during July, 2021 and further submitted that the first petitioner is the defacto complainant's wife's sister and the second petitioner is the husband of the first petitioner.
4.The learned Government Advocate confirmed the fact that for the alleged occurrence that took place in the year 2015, the defacto complainant has lodged the complaint in the year 2021. 5.Considering the fact that for the alleged occurrence that took place in the year 2015, the defacto complainant has lodged the complaint in the year 2021 and since the defacto complainant and petitioners are close relatives, 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 District Munsif Cum Judicial Magistrate, Arcot, on condition that the petitioners shall execute a bond 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/- 28/10/2021 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, ARCOT.
2 THE CHIEF JUDICIAL MAGISTRATE VELLORE DISTRICT. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, ARCOT TOWN POLICE STATION, RANIPET DISTRICT.
+1 CC to M/S. S.ANBURAJA Advocate on payment of necessary charges SR.NO.12031 CRL OP.19610/2021 Date :28/10/2021 RW 01/11/2021