P.Deepa v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/11/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.20380 of 2022 P.Deepa ... Petitioner/Accused No.2 Vs State rep.by The Inspector of Police, Viruveedu Police Station, Dindigul District.
(Crime No.222/2022).
... Respondent/Complainant For Petitioner : M/s.Vikram S, Advocate.
For Respondent : Mr.M.Veeranthiran, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.222/2022 on the file of the Respondent police.
ORDER : The Court made the following order :- The petitioner/accused No.2, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, 324 and 506(2) IPC, in Cr.No.222 of 2022, seeks anticipatory bail.
2.The case of the prosecution is that on 10.11.2022 at about 06.00 p.m., when the de-facto complainant tied his goats in the shed nearby his house, the accused persons came there, abused him in filthy language and A1 tried to stab the de-facto complainant by using knife and caused blood injuries in his chest and also threatened him with dire consequences. Hence, the complaint.
3.The learned counsel for the petitioner would submit that she is innocent and she has not committed any offence as alleged by the prosecution. He would further submit that the co-accused was already released on bail. Hence, he prays for anticipatory bail. 4.The learned Government Advocate(Crl.Side) would submit that the injured was discharged from the hospital. However, considering the gravity of offence, he strongly opposed to grant anticipatory bail.
5.Considering the facts and circumstances of the case and also considering the fact that the injured was already discharged from the hospital and also the fact that the co-accused was already released on bail, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6.Accordingly, 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 Court, Nilakottai, Dindigul District, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/-(Rupees Ten 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 Aadhar card or Bank pass Book to ensure their identity;
(b)the petitioner shall report before the respondent police daily at 10.30 am until further orders.
(c)the petitioner shall not tamper with 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 thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
Sd/- 17/11/2022 / TRUE COPY / /11/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
SJI TO
1. THE JUDICIAL MAGISTRATE, NILAKOTTAI, DINDIGUL DISTRICT.
2. -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.
3. THE INSPECTOR OF POLICE, VIRUVEEDU POLICE STATION, DINDIGUL DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.VIKRAM S Advocate SR.No.13365
ORDER
IN CRL OP(MD) No.20380 of 2022 Date :17/11/2022 SP/SSS/SAR /24/11/2022/3P/6C