G.Jancy Rani v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/01/2023 PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA G.Jancy Rani ... Petitioner/Accused No.2 Vs The State rep.by The Inspector of Police, Thuckalay Police Station, Kanyakumari District.

(Cr.No.494 of 2022).

... Respondent/Complainant For Petitioner : M/s.Deepak F, Advocate.

For Respondent : Mr.M.Veeranthiran, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bai in Crime No.494 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A2 who apprehends arrest at the hands of the respondent police for the offences punishable under sections 427,448,294(b),353,506(2) of I.P.C., in Crime No. 494 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution as per the de-facto complainant is that the petitioner was a defaulter of the loan taken from the bank, therefore based on the possession order the defacto complainant on 17.12.2022 came to the house of the petitioner and on the guise of taking physical possession locked the house of the petitioner. Thereafter the petitioner had broke open the locked house and took possession of the same. Hence the case came to be registered.

3. The learned counsel for the petitioner would submit that the petitioner is innocent and a false case has been foisted against her. He would further submit that the petitioner is ready to abide by any conditions that may be imposed by this Court. 1/3

4. The learned Government Advocate(Crl.Side) appearing for the respondent would submit that based on the possession order the defacto complainant on 17.12.2022 came to the house of the petitioner and on the guise of taking physical possession locked the house of the petitioner. Thereafter the petitioner had broke open the locked house and took possession of the same. Hence he opposed to grant anticipatory bail to the petitioner.

5. Heard. Perused the materials available on record including the First Information Report.

6. Taking into consideration of the facts and circumstances of the case and also the fact that no one sustained injuries in the said occurrence, this court is inclined to grant anticipatory bail to the petitioner , with certain conditions:

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned judicial Magistrate, Padmanabapuram, Kanyakumari 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[a] the petitioner 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 petitioner shall report before the respondent Police, daily at 10.30 a.m., for a period of four weeks and thereafter, on every saturday at 10.30 a.m., until further orders. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner 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 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]. 2/3

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 05/01/2023 / TRUE COPY / /01/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV TO 1 THE JUDICIAL MAGISTRATE, PADMANABHAPURAM, KANYAKUMARI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.

3 THE INSPECTOR OF POLICE, THUCKALAY POLICE STATION, KANYAKUMARI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.DEEPAK F Advocate SR.No.271

ORDER

IN CRL OP(MD) No.92 of 2023 Date :05/01/2023 SA/VR/SAR.3/10.01.2023/3P/6C 3/3