Ambika v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.12.2021 CORAM :
THE HON'BLE MR. JUSTICE B. PUGALENDHI Crl.O.P.No.25838 of 2021 1.Ambika ... Petitioners 2.Rekha 3.Sasikumar Vs.
The Inspector of Police, ... Respondent Muthupettai Police Station, Tiruvarur District.
(Crime No.828 of 2021) PRAYER: Criminal Original Petition filed under Section 438 of Criminal Procedure Code, 1973, praying to enlarge the petitioners on bail in the event of their arrest in Crime No.828 of 2021 on the file of the Inspector of Police, Muthupettai Police Station, Tiruvarur District.
For Petitioners : Mr.N.Palanivel For Respondent : Mrs.G.V.Kasthuri Additional Public Prosecutor
ORDER
The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 352, 354, 506(i) of IPC r/w 4 of Tamil Nadu Prohibition of Harassment of Women Act in Crime No.828 of 2021, seek anticipatory bail.
2. The case of the prosecution is that due to previous enmity, there was a wordy quarrel between the defacto complainant and the petitioners and as a result of which, the accused persons abused the de-facto complainant in filthy language and assaulted her and caused injuries. Hence, the complaint.
3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have not committed any 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 Additional Public Prosecutor submitted that the injured has been discharged from the hospital and she opposed to grant anticipatory bail to the petitioners.
5. Considering the facts and circumstances of the case, the nature of allegations levelled against the petitioners and also the fact that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners.
6. Accordingly, the Criminal Original Petition is allowed. 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, Tiruthuraipoondi, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions 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 Aadhaar card or bank pass book to ensure their identity.
[b]the petitioners shall report before respondent police daily at 10.30 a.m. until further orders.
[c]the petitioners shall not tamper with the 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 are 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 229-A IPC.
-sd/- 29/12/2021 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 JUDICIAL MAGISTRATE, THIRUTHURAIPOONDI, THIRUVARUR DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE THIRUVARUR. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE MUTHUPETTAI POLICE STATION, TIRUVARUR DISTRICT.
+1 CC to M/S.N.PALANIVEL Advocate on payment of necessary charges SR.NO.15648 CRL OP.25838/2021 Date :29/12/2021 TA-30/12/2021