Juliet Rani.C v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/05/2021 PRESENT The Hon`ble Mrs.Justice S.ANANTHI CRL OP(MD). No.6522 of 2021 1.Juliet Rani.C 2.Chinnapandi ... Petitioners/Accused Nos.5 & 6 Vs.

State rep by The Inspector of Police, Karungal Police Station, Kanyakumari District.

(Cr.No.120 of 2021) ... Respondent/Complainant For Petitioners: Mr.N.Balasubramanian, Advocate.

For Respondent : Mr.K.K.Ramakrishnan, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.120 of 2021 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners, who are arrayed as Accused Nos.5 & 6 apprehending arrest at the hands of the respondent police for the alleged offences punishable under sections 147, 448, 427, 294(b),323 379 and 506(i) IPC, in Crime No.120 of 2021 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that on 26.03.2021 while the defacto complainant was in her home along with her husband, the petitioners and her sister came to the defacto complainant's house and scolded her with filthy language and also threatened her with dire consequences and taken away some jewels and documents. Hence, the complaint.

3.The learned counsel for the petitioners would submit that the petitioners are innocent persons 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 appearing for the respondent police submitted that in this case, A1 already got anticipatory bail in Crl.O.P.(MD)No.5332 of 2021 by this Court. 5.Considering the facts and circumstances of the case and also considering the fact that A1 already got anticipatory bail, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Eraniyal, Kanyakumari District, within a period of fifteen days from the date of receipt of a copy of this order, on their executing 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 said Magistrate 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 station 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]; [f] If the accused/petitioners thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 05.05.2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

skn/vsd

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, ERANIYAL, KANYAKUMARI DISTRICT.

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

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

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

ORDER

IN CRL OP(MD) No.6522 of 2021 Date : 05/05/2021 VB VR SAR IV(17/05/2021) 3P / 5C