Petchiyammal v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 28/12/2022 PRESENT The Hon'ble Ms.Justice R.N.MANJULA Petchiyammal ... Petitioner/Accused No.1 Vs State represented by The Inspector of Police, Koodal Pudur Police Station, Madurai City.

Crime No.633/2022.

... Respondent/Complainant For Petitioner : M/s.Ebenezer.T.A, Advocate For Respondent : Mr.M.Sakthi Kumar Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.633/2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused No.1, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 324, 427, 506(ii) and 379 I.P.C, in Crime No.633 of 2022, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution as per the defacto complainant is that on 14.12.2022, he went to the petitioner's house to collect the amount for the solar panel, which was installed by him. At that time, the petitioner along with two others, attacked him, snatched his mobile phone and also threatened him with dire consequences. Hence, the complaint.

3.The learned counsel for the petitioner submitted that the petitioner is innocent and a false complaint has been foisted against him. The injured has been discharged from the hospital. Hence, prays to release the petitioner on anticipatory bail. 4.The learned Government Advocate (Crl.Side) submitted that though the injured has been discharged from the hospital and the petitioner is having three previous cases at her credit, the accused persons had assaulted and threatened the defacto complainant. Hence, prays to dismiss the petition.

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5.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 6.Taking into consideration the facts and circumstances of the case and considering the fact that the injured was discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7.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 No.IV, Madurai, 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 respondent police or the police officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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 everyday at 10.30 a.m., until further orders; [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/- 28/12/2022 / TRUE COPY / 29/12/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM/LR 2/3

TO 1 THE JUDICIAL MAGISTRATE NO.IV, MADURAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI. 3 THE INSPECTOR OF POLICE, KOODAL PUDUR POLICE STATION, MADURAI CITY.

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

+1 CC TO MR.T.A.EBENEZER, Advocate (SR-15667[I] dated 29.12.2022)

ORDER

IN CRL OP(MD) No.23219 of 2022 Date :28/12/2022 RS/MMS/SAR.3(29.12.2022) 3P-6C 3/3