Padma @ Padma Rani v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/10/2022 PRESENT The Hon`ble Mrs.Justice T.V.THAMILSELVI 1.Padma @ Padma Rani 2.Prabhu 3.Sujatha 4.Krishnaveni 5.Vinoth 6.Gunasekaran ... Petitioners/Accused 6 to 11 Vs State rep by The Inspector of Police, Golden Rock Police Station, Trichy City.

Cr. No. 918/2022.

... Respondent/Complainant For Petitioners : Mr.B.Jameel Arasu Advocate.

For Respondent : Mr.K.Sanjai Gandhi Govt. Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 918 of 2022 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioners/accused Nos.6 to 11, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Section 147, 148, 294(b), 323, 324, 506(ii) and 307 IPC and r/w Section 4 of TN Prohibition of harassment of Women Act, 2002, in Crime No.918 of 2022, seek anticipatory bail. 1/3

2.The case of the prosecution is that due to civil dispute, the petitioners attacked the defacto complainant and his husband viz., Ravikumar with knife and and thereby, the defacto complainant sustained injuries. 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. However, he would further submit that the petitioners are ready to abide the conditions imposed by this Court. 4.The learned Government Advocate (Crl.side) appearing for the respondent police would submit that the injured has been discharged from the hospital and a civil suit is also pending between the parties.

5.Considering the above and also the nature of the charges levelled against the petitioners and also considering the fact that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners.

6. 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 of receipt of a copy of this order, before the learned Additional Mahila Court, Thiruchirappalli, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that: (a) the petitioners 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;

(c) the petitioners 2, 5 and 6 shall report before the respondent police once in a week i.e., on every Wednesday at 10.30 a.m., for a period of four weeks, and thereafter, as and when required for interrogation. The petitioners 1, 3 and 4 shall report before the respondent police as and when required for interrogation. (d)the petitioners shall not tamper with the evidence or witness either during investigation or trial; (e)the petitioners shall not abscond either during investigation or trial;

(f)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 2/3

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;

(g)if the accused / petitioners thereafter absconds, a fresh FIR can be registered under Section 229-A IPC. sd/- 07/10/2022 / TRUE COPY / /10/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE ADDITIONAL MAHILA JUDGE, TIRUCHIRAPPALLI.

2 THE INSPECTOR OF POLICE GOLDEN ROCK POLICE STATION, TRICHY CITY.

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

ORDER

IN CRL OP(MD) No.17319 of 2022 Date :07/10/2022 SS/SVR/11/10/2022/ 3P 4C 3/3