Revathi v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Monday, the Twenty Eighth day of February Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.21088 of 2021 1 REVATHI [ PETITIONERS / ACCUSED ] 2 M.RAVICHANDRAN 3 SARASWATHI Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ARCOT TOWN POLICE STATION, RANIPET DISTRICT CRIME NO.546 OF 2021 For Petitioners : M/S.J.KATHER HUSSAIN Advocate For Respondent : MR.S.SANTHOSH, 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 offences under Sections 406 & 420 of IPC in Crime No.546 of 2021, on the file of the respondent police, seeks anticipatory bail.
2. This petition is filed for seeking anticipatory bail by the Daughter-in-law and Sammanthi of the defacto complainant. Since, the son of the defacto complainant died in a road accident, the relationship between her sammanthi family has got strained. More particularly, after remarriage of the daughter-in-law, the complaint has been filed before the ARCOT TOWN Police Station alleging misappropriation of money, jewels and benefits of the deceased viz., Praveen Raj, who is none other than the husband of the first petitioner and the son-in-law of the second and third petitioners.
3.Without adverting to the merits of the case and other points canvassed by the learned Counsel appearing for the petitioners herein, since the complaint was given by the defacto complainant on 21.09.2021 and no progress has been made and in view of the anticipatory bail petition filed and further the investigation was pending for more than 3 months, it is suffice to allow the petition for anticipatory bail on condition that the petitioners should cooperate for investigation and further the Investigating Officer is directed to complete the investigation within a period of 60 days from the date of receipt of copy of copy of this Order.
4.Hence, this Criminal Original Petition is allowed subject to certain conditions.
5.Accordingly, the petitioners is ordered to be released on bail in the event of arrest or on his appearance, within a period of seven days from the date of receipt of a copy of this order, before the Learned District Munsiff Cum Judicial Magistrate, Arcot, Ranipet District on condition that the petitioners shall execute a bond for a sum of Rs.15,000/-each (Rupees Fifteen 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 his 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 not tamper with evidence or witness either during investigation or trial;
(c)the petitioners shall report before the Investigating Officer daily at 10.00 am for a period of fifteen days commence from 10.03.2022 and shall co-operate for investigation. (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 has 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/- 28/02/2022 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, RANIPET DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE VELLORE [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, ARCOT TOWN POLICE STATION, RANIPET DISTRICT 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S.J.KATHER HUSSAIN Advocate on payment of necessary charges SR.NO.3142 CRL OP.21088/2021 Date :28/02/2022 JPA 04/03/2022