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Madras High CourtCRL OP/22674/2021granted

Muniammal v. State Rep. By

2021-11-29Honourable Mrs Justice T.V.Thamilselvi3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.11.2021

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI Crl.O.P.No.22674 of 2021 Muniammal

...Petitioner

Versus

State rep by

...Respondent

The Inspector of Police Dusi Police Station, Thiruvannamalai District.

(Crime No.633 of 2021) PRAYER: Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioner on bail in the event of her arrest in Crime No.633 of 2021 pending investigation on the file of the respondent police.

For Petitioner : Mr.V.R.Appaswamee For Respondent : Mr.N.S,Suganthan Government Advocate (Crl.Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence under Section 174 Cr.P.C altered to Sections 201, 304(2) of IPC r/w Section 135(1)(b) of Indian Electricity Act 2003, in Crime No.633 of 2021, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with first accused had secured their land by putting a Electric fence around the property. Unfortunately, the defacto complainant's father touched the electric fence and he died due to electrocution. Hence, the complaint.

3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and she has been falsely implicated in this case. He further submitted that co-accused had already been released on bail the lower Court. Hence, he prays for grant of anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl.Side) submitted that the investigation is almost completed and there is no previous case pending against the petitioner. However, he vehemently opposed for grant of anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also considering the age of the petitioner and the investigation is almost completed, 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, Cheyyar, Thiruvannamalai District, 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) if the petitioner 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 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;

(c) the petitioner shall report before the respondent police as and when required for interrogation.

(d) the petitioner shall not tamper with evidence or witness either during investigation or trial; (e) the petitioner 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 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;

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

7. In view of the above, this Criminal Original Petition is ordered and also seeing the nature of the death faced by the deceased and that the de-facto complainant's mother already died and that the defacto complainant is without parents and considering the nature of the family situation, this Court directs the Legal Services Authority, Tiruvannamalai to pay the compensation of Rs.75,000/- (each Rs.25,000/-) to the victim in accordance with law, within a period of 8 weeks from the date of receipt of copy of this order and the compensation amount shall be credited to the account of the sons and daughter of the deceased.

-sd/- 29/11/2021 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, CHEYYAR, THIRUVANNAMALAI.

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

4 THE INSPECTOR OF POLICE, DUSI POLICE STATION, THIRUVANNAMALAI DISTRICT.

5 THE LEGAL SERVICES AUTHORITY, TIRUVANNAMALAI.

+1 CC to M/S. V.R.APPASWAMEE Advocate on payment of necessary charges SR.NO.13653 CRL OP.22674/2021 Date :29/11/2021 TA-06/12/2021