Chitra 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.20226 of 2021 1 CHITRA [ PETITIONER / ACCUSED ] 2 SAKTHIVEL Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, KILLIYANUR POLICE STATION, VILLUPURAM DISTRICT CRIME NO.356 OF 2021 For Petitioners : M/S.T.MURUGANANTHAM, 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 petitioners, who apprehend arrest for the alleged offence punishable under Section 306 of IPC in Crime No.356 of 2021 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that one Tulasi borrowed a sum of Rs.6,00,000/- from the first petitioner and the same was not repaid and the first petitioner went to the deceased house and demanded to repay the borrowed amount, which resulted in wordy quarrel and aggrieved over the same, the above said Tulasi set herself on fire and later died. 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. Hence, he prays for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl.Side) submits that investigation is pending.
5.Considering the facts and circumstances of case and the submissions made by both counsel and also the fact that there is no specific overt act as against the petitioners, 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, Vaanur, Villupuram District 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/- 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, VAANUR, VILLUPURAM DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE VILLUPURAM [FOR INFORMATION].
3 THE INSPECTOR OF POLICE, KILLIYANUR POLICE STATION, VILLUPURAM DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S.T.MURUGANANTHAM Advocate on payment of necessary charges SR.NO.12087 CRL OP.20226/2021 Date :28/10/2021 JPA 12/11/2021