Vijaya @ Vijayalakshmi v. State Rep.By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.11.2021
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.21722 of 2021
1. Vijaya @ Vijayalakshmi
2. Ammu
3. Ayyappan ... Petitioners Vs.
State rep. By its Inspector of Police, C-1 Uthukottai Police Station, Thiruvallur District.
(Crime No.591 of 2021) ... Respondent PRAYER: Criminal Original Petition has been filed under Section 438 of Cr.P.C praying to grant an Anticipatory Bail to these petitioners in the event of arrest or on their appearance before any court in connection with the case in Crime No.591 of 2021 pending investigation on the file of respondent police. For petitioner : Mr.M.Guruprasad For Respondent : Mr.N.S.Suganthan Government Advocate
ORDER
(The case has been heard through video conference) The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences under Sections 294(b), 448, 323 and 506(ii) of IPC, in Crime No.591 of 2021 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that due to the money dispute between the petitioners and the defacto complainant and caused damages to the household properties and threatened the defacto complainant dire consequences. Hence, the complaint.
3. The learned counsel for the petitioners would submit that the petitioners have not committed any offence as alleged by the prosecution. Accordingly, he prays for anticipatory bail to the petitioners.
4.The learned Government Advocate would submit that there is no injury and investigation is almost completed.
5. Taking into consideration, the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions.
6. Accordingly, these petitioners are ordered to be released on anticipatory bail on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, for a like sum to the satisfaction of the learned District Munsif cum Judicial Magistrate Court, Uthukottai, and on further conditions that:- [a] if the petitioners fail to surrender before the said Magistrate within a period of fifteen days, this order shall stand automatically cancelled.
[b] the petitioners shall report before the respondent police every Wednesday at 10.30 a.m, for a period of four 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/- 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE COURT, UTHUKOTTAI 2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR(FOR INFORMATION) 3 INSPECTOR OF POLICE, C-1, UTHUKOTTAI POLICE STATION, THIRUVALLUR DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S. M.GURUPRASAD Advocate on payment of necessary charges Sr.13085 CRL OP.21722/2021 Date :19/11/2021 RVR 22/11/2021