K.Z Sajitha Banu v. State Through
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Tuesday, the Second day of November Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.20714 of 2021 1 K.Z SAJITHA BANU [ PETITIONERS / ACCUSED ] 2 K.Z.LOKAYA BANU Vs STATE THROUGH [ RESPONDENT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, ROYAPETTAH, CHENNAI.
(CRIME NO.UNKNOWN / 2021) For Petitioner : M/S.RAHMAN SHERIFF 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 at the hands of the respondent police for the alleged offences under Section 506(1) IPC, in Crime No.Unknown of 2021 seeks anticipatory bail. 2.The case of the prosecution is that the petitioners are in-laws of the defacto complainant. There was a civil dispute between the defacto complainant and her husband/petitioner's brother. Thereby there was a wordy quarrel. Based on the complaint lodged by the defacto complainant, the respondent police registered a case. 3.
The learned counsel appearing for the petitioners submits that the petitioners did not committed any such 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 no previous cases pending against the petitioner. However, he opposed for grant of anticipatory bail to the petitioners. 5.Considering the facts and circumstances of the case there is no specific overt act against the petitioners. Infact the petitioners are in-laws of the defacto complainant, 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 Metropolitan Magistrate Court No XVIII Saidapet, Chennai on condition that the petitioners shall execute 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 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 appear 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/- 02/11/2021 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 METROPOLITAN MAGISTRATE NO.XVIII, SAIDAPET, CHENNAI.
2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, ROYAPETTAH, CHENNAI-600 014.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.RAHMAN SHERIFF Advocate on payment of necessary charges CRL OP.20714/2021 Date :02/11/2021 CSK 18/11/2021