S.Sasikala v. The State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 19.11.2021
CORAM
THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.21739 of 2021
1. S.Sasikala
2. k.Santhi
3. Latha @ Sasilatha
...Petitioners
Versus
State Rep by The Inspector of Police, Jalakandapuram Police Station, Salem District (Crime No. 347 of 2021) ... Respondent Prayer:- Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure seeking to enlarge the petitioners on bail in the event of their arrest in Crime No. 347 of 2021 pending investigation on the file of the respondent police. For Petitioners :
Mr.C.Deepak Kumar For Respondent :
Mr.N.S.Suganthan Government Advocate (Crl. Side)
ORDER
The petitioners, who apprehend arrest for the alleged offences under section 294(b), 353, 332, 341, 506(i) of IPC and Section 3(1) of TNPPDL Act, in Crime No.347 of 2021, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that there was a wordy quarrel between the petitioners and the defacto complainant with regard to local body election, thereby attacked each other. Hence, the Law Enforcing Agency registered a case against the petitioners.
3. The learned counsel for the petitioners submits that the petitioners have not committed any such offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, he prayed for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl.Side) submits that no one sustained injury. He further submits that there is no previous case pending against the petitioners. However, he opposed for grant of anticipatory bail to the petitioners.
5. Considering the facts and circumstances of the case and also considering that no one sustained injuries, 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 his appearance before the learned Judicial Magistrate Court No-2, Mettur 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, failing which, the petition for anticipatory bail shall stand dismissed 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 Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.
[c] the petitioners are directed to report before the respondent police as and when required;
[d] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[e] the petitioners shall not abscond either during investigation or trial.
[f] 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 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
-sd/- 19/11/2021 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.2, METTUR.
2 THE CHIEF JUDICIAL MAGISTRATE SALEM [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, JALAKANDAPURAM POLICE STATION, SALEM DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1CC to M/S.C.DEEPAK KUMAR Advocate on payment of necessary charges SR.NO.13293 CRL OP.21739/2021 Date :19/11/2021 CSK 26/11/2021