Madras High CourtCRL OP(MD)/6976/2020granted

Vishalreshvin v. The Inspector Of Police

2020-07-03Honourable Mr Justice V. Bharathidasan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/07/2020 PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN

1. VISHALRESHVIN

2. LAKSHMI

3. AYYALUSAMY

4. SHAKILARANI

5. NARAYANASAMY ... PETITIONERS 1 TO 5/ACCUSED 1 TO 5 VS STATE REP. BY THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, SATTUR, VIRUDHUNAGAR DISTRICT (CRIME NO.3 OF 2020).

... RESPONDENT/DE-FACTO COMPLAINANT For Petitioners : M/s. K.Hemakarthikeyan, Advocate.

For Respondent : Mr.S.Chandrasekar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime no.3 of 2020 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 498(A), 406 and 506(i) of IPC seek anticipatory bail.

2. Heard both sides.

3.The specific allegations against the petitioners is that they failed to take care of the child born to the first petitioner and the defacto complainant properly leading to the death of the infant.

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4. Earlier when the matter was considered by this Court on 10.03.2020,this Court dismissed the anticipatory bail petition since the death of the child was under suspicious circumstances.

5. After lapse of three months the learned Additional Public Prosecutor reports that investigation reveals that child was not properly fed and except that there is no strong material against these petitioners to suspect the role in the death of the child.

6. Taking into consideration the facts and circumstances of the case and also taking note of the submission made by the learned Additional Public Prosecutor, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of four weeks from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Sattur on condition that the petitioners shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) each with two sureties each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned 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 daily at 10.30 a.m until further orders.

(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]; and;

(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 03/07/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE JUDICIAL MAGISTRATE, SATTUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR AT SRIVILLIPUTHUR.

3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, SATTUR, VIRUDHUNAGAR DISTRICT.

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

ORDER

IN CRL OP(MD) No.6976 of 2020 Date :03/07/2020 AAV JM/PN/SAR 2/06.07.2020/3P/5C 3/3