Angelin Therasrazita v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.01.2023 PRESENT THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA Angelin Theras Razita

...Petitioner/Accused NO.3

-vs1.The State represented by The Inspector of Police, Thirumangalam Town Police Station, Madurai District.

(in Cr.No.493 of 2022) ...1st Respondent/Complainant 2.Sharmila ...2nd Respondent/Defacto Complainant PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER: Criminal Original Petition filed under Section 438 of Cr.P.C, praying to enlarge the petitioner on bail in the event of her arrest by the respondent Police with respect to Cr.No.493 of 2022.

For Petitioner : Mr.P.Suresh Kumar,Advocate For R1 : Mr.K.Sanjai Gandhi Government Advocate (Crl.side) ****

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent Police for the offences punishable under Sections 294(b) and 506(i) of IPC r/w Section 4 of TNPHW Act in Crime No.493 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 de-facto complainant and the first accused are the husband and wife and there were matrimonial disputes pending between them. While so, on 19.11.2022, when the de-facto complainant and her family members were going to the first accused's house to settle the issues amicably, the accused persons have abused the de-facto complainant and her family members in filthy language and criminally intimidated them. Hence, the complaint.

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3.The learned Counsel for the petitioner would submit that the petitioner is an innocent and a false complaint has been given. He would also submit that the petitioner has not committed any offence, as alleged by the prosecution. He would also submit that the petitioner is ready to abide by any stringent conditions, that may be imposed on her.

4.The learned Government Advocate (Crl.side) would submit that the de-facto complainant and the first accused are the husband and wife and there were matrimonial disputes pending between them. While so, on 19.11.2022, when the de-facto complainant and her family members were going to the first accused's house to settle the issues amicably, the accused persons have abused the de-facto complainant and her family members in filthy language and criminally intimidated them. He would oppose for grant of anticipatory bail to the petitioner.

5.Taking into consideration the facts and submissions and also on perusing the materials available on record including the F.I.R., 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 on which the order copy made ready, before the learned Judicial Magistrate, Thirumangalam, 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 everyday Saturday at 10.30 am 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 2/3

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/- 23/01/2023 / TRUE COPY / /01/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

CMR TO 1 THE JUDICIAL MAGISTRATE, THIRUMANGALAM.

2 DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE INSPECTOR OF POLICE THIRUMANGALAM TOWN POLICE STATION, MADURAI DISTRICT THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

++1 CC to M/s.P.SURESH KUMAR, Advocate ( SR-1059[I] dated 24/01/2023

ORDER

IN CRL OP(MD) No.1165 of 2023 Date :23/01/2023 PKP/SSS/SAR-1/31.01.2023/3P/6C 3/3