Sangeertham v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10.11.2021 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR Sangeertham ... Petitioner/5th Accused Vs The State rep.by, The Inspector of Police, Pamban Police Station, Ramanathapuram District.

In Crime No.256 of 2021. ... Respondent/Complainant For Petitioner : Mr.B.Senthilkumar, Advocate. For Respondent : Mr.R.Meenakshi Sundaram Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail in Crime No.256 of 2021 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/A5, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 341, 294(b), 323, 324 and 307 of IPC in Crime No.256 of 2021 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the defacto complainant's son, namely, Jackson had an affair with the petitioner's daughter, namely, Vinola. After knowing their relationship, the petitioner and four others attacked the de-facto complainant's son with deadly weapon and caused injuries to him. Hence, the complaint. 3.The learned counsel appearing for the petitioner submitted that the petitioner and the de-facto complainant are close relatives, she is an innocent and she has been falsely implicated in this case. He further submitted that A4 was already arrested and released on bail by this Court, in Crl.O.P.(MD)No.17135 of 2021, on 02.11.2021.

4.The learned Additional Public Prosecutor appearing for the respondent police submitted that the injured person has been discharged from the hospital and also submitted that no previous case is pending against the petitioner.

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5.Considering the facts that there existed previous enmity due to illicit intimacy of the petitioner's daughter with the injured person, Jackson, that the petitioner is the mother of the said Vinola, that she is aged about 55 years, that A4 was already arrested and released on bail by this Court in Crl.O.P.(MD)No.17135 of 2021, on 02.11.2021, that the injured was discharged from the hospital and also the fact that the petitioner is having no previous case as stated by the learned Additional Public Prosecutor, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Rameshwaram, 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 learned 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 daily at 10.30 a.m. for a period of one month and thereafter, as and when required for interrogation.

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

sd/- 10/11/2021 / TRUE COPY / / /2021 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, RAMESHWARAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3 THE INSPECTOR OF POLICE PAMBAN POLICE STATION, RAMANATHAPURAM DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to Mr.B.SENTHILKUMAR, Advocate ( SR-8015[I] dated 12/11/2021 )

ORDER

IN CRL OP(MD) No.17373 of 2021 Date :10/11/2021 SJI MK/VR/SAR.IV/16.11.2021/3P/6C 3/3