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IN THE COURT OF THE PRINCIPAL SESSIONS JUDGE, TIRUPPUR

PRESENT: Thiru. Swarnam J. Natarajan M.L.,


Principal Sessions Judge, Tiruppur.
Thursday, the 07th day of March, 2024

Cr.M.P.No. 523 /2024

Puspavathi, 52
S/o. Subramaniam ... Petitioner/Accused
Vs.
State Represented by
The Inspector of Police,
Udumalpet Police station,
Tiruppur District.
(Cr.No.144 /2024) ... Respondent/Complainant

This petition is coming on this day for final hearing before me in the
presence of Tmt.S.Srimathi, Advocate for the petitioner and
Thiru.S.Kanagasabapathy, Public Prosecutor for the State after hearing both
sides and perusing the written reply submitted by the respondent and records,
this court delivers the following :
ORDER
1. The petitioner is apprehending arrest for the offences punishable
u/s.294(b), 323, 427, 452, 506(ii) of IPC and Section 4 of TNPHW Act had filed
this petition u/s. 438 of Cr.P.C. seeking for her release on bail in the event of
arrest.

2. According to the petitioner, she is falsely implicated in this case.


She is having permanent residence. She has not committed any offence and she
will never abscond and tamper the witnesses. She is ready to abide by any
condition imposed by this court and willing to produce sufficient sureties to the
satisfaction of this court and hence prays to grant anticipatory bail to her.
Cr.M.P.No.523/ 2024

3. The learned Public prosecutor has submitted that the investigation is


pending. If the petitioner is released on bail, she will abscond and would
indulge in similar type offence and would tamper the witnesses and she will not
appear before the court. Hence, the prosecution side strongly opposes for grant
of bail to the petitioner and prays for dismissal of the petition.
4. The petitioner was said to have committed offences punishable
u/s.294(b), 323, 427, 452, 506(ii) of IPC and Section 4 of TNPHW Act.
Considering the fact that the damage caused to the door is worth Rs.5,000/- and
only superficial injury have been sustained by the defacto complainant. On
deposit of Rs.5,000/- on account of the crime number before the Judicial
Magistrate, Udumalpet, this court is inclined to consider the anticipatory bail
application of the petitioner and the petition is allowed.

In the result, the petition is allowed and the petitioner shall be released
on bail in the event of his arrest or in the event of his surrender before the
Judicial Magistrate, No.I, Udumalpet within 15 days from today, on their
executing a bond for Rs.10,000/- each with 2 sureties for a like sum to the
satisfaction of the Judicial Magistrate, No.I, Udumalpet with conditions that
the Petitioner directed to should appear before the respondent Police Station
daily morning at 10.00 a.m.,. and sign for 30 days and on deposit of Rs.5,000/-
on account of the crime number before the Judicial Magistrate, Udumalpet
thereafter they should appear before the court concerned on receipt of
summon.
The sureties shall affix their photographs and left thumb impression and
the Judicial Magistrate shall obtain the copy of their Aadhar cards or bank pass
books to ensure their identity.
The petitioner shall not try to contact, influence, threaten or pressurize the
victim or complainant or other material witnesses and shall not tamper with the

07.03.2024 Principal Sessions Court, Tiruppur


Cr.M.P.No.523/ 2024

evidence and shall appear before the respondent / Investigation Officer as and
when required for investigation.
On breach of the aforesaid conditions, the learned Judicial Magistrate is
directed to take appropriate action against the petitioners in accordance with the
law as laid out in the judgment of Hon’ble Supreme Court in P.K. Shaji in AIR
2005 SCW 5560.
If the petitioner abscond, a fresh F.I.R shall be registered u/s.229(A) of
IPC.
Given by me, this the 07th day of March, 2024.
Digitally signed by
SWARNAM J SWARNAM
NATARAJAN
J

NATARAJAN Date: 2024.03.07


20:08:58 +05'30'

Principal Sessions Judge,


Tiruppur.
Copy to:

1. The Judicial Magistrate, No.I, Udumalpet.


2. The Public Prosecutor, Tiruppur.
3. The Inspector of Police, Udumalpet Police Station.
4. Counsel for the petitioner.

07.03.2024 Principal Sessions Court, Tiruppur


Cr.M.P.No.523/ 2024

07.03.2024 Principal Sessions Court, Tiruppur

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