Vijaya v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.11.2021

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI Crl.O.P.No.22104 of 2021

1. Vijaya

...Petitioners

2. Soundariya

3. Ramya

Versus

State rep by

...Respondent

The Inspector of Police Cheyyur Police Station, Chengalpattu District.

(Crime No.342 of 2021) PRAYER: Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioners on bail in the event of their arrest in connection with Crime No.342 of 2021 pending investigation on the file of the respondent police. For Petitioners : Mr.A.Vinothkumar For Respondent : Mr.N.S,Suganthan Government Advocate (Crl.Side)

O R D E R

The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence under Sections 294(b), 324, 506(ii) IPC and Section 4 of TNPHW Act @ 294(b), 324, 506(ii) IPC and Section 4 of TNPHW Act r/w 4(1)(a), 4(1-A) of Tamilnadu Prohibition Act in Crime No.342 of 2021, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that there was a wordy quarrel between the first petitioner and the defacto complainant, as a result of which, the petitioners along with other accused persons had abused the defacto complainant and her daughter in filthy language and attacked them with bottle and caused injuries. Initially, the case was registered under Sections 294(b), 324, 506(ii) IPC and Section 4 of TNPHW Act and during the course of the investigation, the respondent police found that the first petitioner's son (A3) was in illegal

possession of 5 litres of ID Arrack. Therefore, the case was altered into Sections 294(b), 324, 506(ii) IPC and Section 4 of TNPHW Act r/w 4(1)(a), 4(1-A) of Tamilnadu Prohibition Act. 3.The learned counsel appearing for the petitioners submitted that the petitioners have not committed any 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) submitted that the injured person has been discharged from the hospital and there is no previous case pending against the petitioners and the investigation is almost completed. However, he vehemently opposed for grant of anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case and also the fact that the injured person has been discharged from the hospital and the investigation is almost completed, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 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 learned Judicial Magistrate, Madhuranthagam, on condition that the petitioners shall execute a separate 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) if the petitioners fail to surrender before the concerned Magistrate within a period of 15 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; (b) 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;

(c) the petitioners shall report before the respondent police on every Saturday at 10.30. a.m., until further orders. (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 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; (g) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 23/11/2021 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, MADHURANTHAKAM 2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, CHEYYUR POLICE STATION, CHENGALPATTU DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.A.VINOTHKUMAR Advocate on payment of necessary charges SR.No.13256 CRL OP.22104/2021 Date :23/11/2021 APN 26/11/2021