Lakshmi v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :09.12.2021

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.23820 of 2021 1.Lakshmi @ Dhanalakshmi ... Petitioners 2.Porsundaram 3.Kavitha 4.Annadurai

Versus

State Rep by ... Respondent The Inspector of Police, Valapandal Police Station, Vellore District.

(Crime No.111 of 2019) 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.111 of 2019 pending investigation on the file of the respondent police. For Petitioners : Mr.E.Kannadasan For Respondent : Mr.N.S.Suganthan Govt.Advocate(Crl.Side)

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences under section 147, 148, 294(b), 323, 324, 506(ii) of I.P.C, in Crime No.119 of 2019 seeks anticipatory bail.

2.The case of the prosecution is that the petitioners along with other accused abused and attacked the defacto complainant. Thereby the defacto complainant sustained injuries. Hence, the complaint.

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 the alleged occurrence is said to be happened in the year 2019. However, he opposed for grant of anticipatory bail to the petitioners. 5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with the following conditions.

6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on his appearance before the learned DM cum JM, Arcot on condition that the petitioners shall execute a bond for 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.

[b] the second and fourth petitioners are directed to appear before the respondent Police on every Wednesday and the first and fourth petitioners are directed to appear as and when required.

[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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC. -sd/- 09/12/2021 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, ARCOT, VELLORE DISTRICT.

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

4 THE INSPECTOR OF POLICE, VALAPANDAL POLICE STATION, VELLORE DISTRICT.

+1 CC to M/S E.KANNADASAN Advocate on payment of necessary charges SR.NO. 14422 CRL OP.23820/2021 Date :09/12/2021 RW 23/12/2021