Jeyarani v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/10/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD). No.15471 of 2021 Jeyarani ... Petitioner/Sole Accused Vs State rep.by The Sub Inspector of Police, Vembakottai Police Station, Virudhunagar District.
(In Crime No.277/2021).
... Respondent/Complainant For Petitioner : M/s.Jothi Basu M, Advocate.
M/s.G.M.Law Office For Respondent : M/s.P.Kottai Chamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.277 of 2021 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 9 (B)(1)(a) of Explosives Act, 1884 in Crime No.277 of 2021, seeks anticipatory bail.
2.The case of the prosecution is that on 14.09.2021, the respondent Police were on patrolling duty. At that time, the petitioner came in a vehicle bearing Registration No.TN-38-BE-3836 and the respondent Police intercepted the vehicle. During the enquiry, it was found that the vehicle used for transporting the crackers and the respondent Police seized the crackers from the vehicle. Therefore, the present case came to be registered.
3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and she has been falsely implicated in this case.
4. Heard the learned Government Advocate appearing for the respondent Police.
5. Considering the nature of offence and the nature of allegation levelled against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner. 6.Accordingly, this criminal original petition is allowed and 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 of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Sattur, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions 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 Aadhaar card or bank pass book to ensure their identity.
[b]the petitioner shall report before the respondent police as and when required.
[c]the petitioner shall not tamper with the 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]. [f]If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
Sd/- 20/10/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.I) 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 NO.II, SATTUR.
2. -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
3. THE SUB INSPECTOR OF POLICE, VEMBAKOTTAI POLICE STATION, VIRUDHUNAGAR DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.JOTHI BASU M Advocate SR.No.7262
ORDER
IN CRL OP(MD) No.15471 of 2021 Date :20/10/2021 SP/CN/SAR I/27/10/2021/3P/6C