Sasi @ Sasikala v. The State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Eighth day of November Two Thousand Twenty One PRESENT The Hon`ble Mrs.Justice T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.20916 of 2021 SASI @ SASIKALA [ PETITIONER / ACCUSED ] Vs THE STATE REP BY ITS [ RESPONDENT ] THE INSPECTOR OF POLICE, B-3, KADAMBATHUR POLICE STATION, THIRUVALLUR.

CR NO.317/2021.

For Petitioner : M/S.K.HARIDHARAN Advocate For Respondent : M/S.A.GOKULAKRISHNAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :-

ORDER

(The case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 294(b) and 506(i) of IPC read with Section 4 of TNPWH Act, in Crime No.317 of 2021, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner is the sister of A1. A1 used to harass the defacto complainant over phone. Hence, she informed the same to her husband and when her husband questioned A1, the petitioner along with her husband and brother/A1 abused the defacto complainant and her husband in filthy language and also threatened them with dire consequences. Hence, the complaint. 3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and she has been falsely implicated in this case since she happens to be the sister of A1. Hence, he prays for grant of anticipatory bail to the petitioner.

4.The learned Additional Public Prosecutor raised formal objection and submitted that there are totally three accused in this case and the petitioner is arrayed as A2 and she is the sister of A1. He would further submit that A1 and A3 were arrested and subsequently, released on bail.

5.Considering the fact that A1 and A3 were arrested and subsequently released on bail, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.Accordingly, the petitioner 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 Learned Judicial Magistrate-II, Thiruvallur, on condition that the petitioner 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 petitioner 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 petitioner 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 petitioner shall not tamper with evidence or witness either during investigation or trial; (d) the petitioner 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 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;

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

-sd/- 08/11/2021 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 JUDICIAL MAGISTRATE, NO.II, THIRUVALLUR.

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

4 THE INSPECTOR OF POLICE, B-3, KADAMBATHUR POLICE STATION, THIRUVALLUR.

+1 CC to M/S.K.HARIDHARAN Advocate on payment of necessary charges SR.NO.12503 CRL OP.20916/2021 Date :08/11/2021 TA-10/11/2021