Sasikala v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17.03.2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD)No.5120 of 2023 1.Sasikala 2.Eswaran 3.Muthuvaisali @ Vaisali ... Petitioners/A1 to A3 Vs The State Rep.by The Inspector of Police, Andipatti Police Station, Theni District.

(Crime No.394/2022) ... Respondent/Complainant For Petitioners : Mr.M.Suresh For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor.

For Intervenor : Mr.M.Jagadeesh Pandian PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.394 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/A1 to A3, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 406, 420, 294(b), 506(i) IPC in Crime No.394 of 2022, seek anticipatory bail.

2.The case of the prosecution is that in the year 2019, the accused persons borrowed a sum of Rs.6,00,000/- from the defacto complainant on various occasions and in the year 2017 the first accused received 25 sovereigns jewels from the defacto complainant. Thereafter, when the defacto complainant asked to return the money and jewels,the accused persons abused him in filthy language nad threatened him with dire consequences. Hence the case.

3.Heard both sides and perused the materials available in the records.

4.Considering the facts and circumstances of the case, this court is inclined to grant anticipatory bail to the petitioners with certain conditions:

5.Accordingly, 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 on which the order copy made ready, before the learned Judicial Magistrate, Andipatti, Theni District, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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 petitioners shall report before the respondent Police, as and when required for interrogation;

[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/- 17/03/2023 / TRUE COPY / /04/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE ANDIPATTI, THENI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE THENI DISTRICT.

3 THE INSPECTOR OF POLICE ANDIPATTI POLICE STATION, THENI DISTRICT.

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

+1. CC to SURESH M Advocate SR.No.4500

ORDER

IN CRL OP(MD) No.5120 of 2023 Date :17/03/2023 SS/MMS/SAR II/05/04/2023/3P/6C