Madras High Court
Noorjahan vs The Deputy Superintendent Of ... on 20 September, 2022
Crl. A.(MD)No.555 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATE : 20.09.2022
CORAM
THE HONOURABLE MR. JUSTICE G.ILANGOVAN
Crl. A.(MD)No.555 of 2022
Noorjahan ... Appellant
Vs.
1.The Deputy Superintendent of Police,
Thanjavur Town,
Thanjavur.
2.State Rep by:
The Inspector of Police,
All Women Police Station,
Thanjavur.
3.Sasireka .. Respondents
Prayer : This Criminal Appeal is filed under Section 14(A)(1) of SC/ST (POA)
Amendedment Act 2015, to call for the records and set aside the order passed by the
first Additional District and Sessions Judge (P.C.R), Thanjavur dated 01.09.2022
made in Crl.M.PNo.612 of 2022 and enlarge the appellant on bail by allowing this
appeal.
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https://www.mhc.tn.gov.in/judis
Crl. A.(MD)No.555 of 2022
For Appellant : Mr.K.Arunraj
For Respondents : Mr.RMS.Sethuraman
Additional Public Prosecutor for R1 and R2w
********
JUDGMENT
This Criminal Appeal has been filed to set aside the order passed by the
learned I Additional District and Sessions Judge (PCR), Thanjavur, in Crl.M.P.No.
612 of 2022.
2. The case of the prosecution is that the petitioner is having illicit
relationship with the husband of the defacto complainant, due to which, continuos
trouble arose between the defacto complainant and her husband. Hence, the
complaint.
3. The learned counsel for the appellant would submit that the appellant
has been falsely implicated in this case and that the appellant is innocent and she has
not committed any offence as alleged by the prosecution. He would further submit
that that the appellant is in custody from 24.08.2022 onwards.
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Crl. A.(MD)No.555 of 2022
4. It appears that it is a matrimonial dispute between the defacto
complainant/third respondent and her husband/first accused, since it is alleged that
the first accused is having illicit relationship with the present petitioner. On the
earlier occasion, after hearing both side arguments, this Court directed the petitioner
to file an undertaking affidavit stating that she will not interfere in the life of the
defacto complainant.
5. As per the direction of this Court, the petitioner has filed an undertaking
affidavit before this Court and copies also served to the learned Additional Public
Prosecutor.
6. The learned Additional Public Prosecutor(Crl. Side) for the respondent
police submitted that in pursuance of the direction of this Court, the petitioner has
filed an undertaking affidavit, this Court may consider the bail application of the
petitioner.
7. Considering the above facts and circumstances of the case and also the
fact that the appellant is in judicial custody from 24.08.2022, this Court is inclined to
allow the Criminal Appeal by setting aside the order, dated 01.09.2022 made in
Crl.M.P.No.612 of 2022 on the file of the learned I Additional District and Sessions
Judge (PCR), Thanjavur.
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Crl. A.(MD)No.555 of 2022
8. Accordingly, the Criminal Appeal is allowed and the order dated
01.09.2022 made in Crl.M.P.No.612 of 2022 on the file of the learned I Additional
District and Sessions Judge (PCR), Thanjavur, is set aside. The appellant is ordered
to be released on bail on her executing 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 I Additional District and Sessions Judge (PCR), Thanjavur, and on further
conditions that:
[a]the sureties shall affix their photographs and Left
Thumb Impression in the surety bond and the learned Sessions Judge
may obtain a copy of their valid identity card to ensure their identity.
[b]the appellant shall stay at Madurai and report before the
Inspector of Police, Thirumangalam Town Police Station daily at
10:30 a.m., until further orders.
[c]the appellant shall not tamper with evidence or witness
either during investigation or trial.
[d]the appellant shall co-operate with the investigation.
[e]On breach of any of the aforesaid conditions, the
learned Sessions Judge/Trial Court is entitled to take appropriate
action against the appellant in accordance with law as if the
conditions have been imposed and the appellant released on bail by
the learned Sessions Judge/Trial Court himself as laid down by the
https://www.mhc.tn.gov.in/judis
Crl. A.(MD)No.555 of 2022
Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala
[(2005)AIR SCW 5560].
[f] If the accused thereafter absconds, a fresh FIR can be
registered under Section 229-A IPC.
9.If any violation or misconduct is noticed, bail granted by this Court to
the petitioner, shall stand cancelled automatically without further reference to this
Court. After releasing on bail, the petitioner must file a copy of the above said
affidavit before the concerned Magistrate Court and send another copy to the
concerned Police Station.
20.09.2022
Index : Yes/No
Internet : Yes/No
tta
To
1.The Superintendent,
Central Prison,
Trichy.
2.The I Additional District and Sessions Judge (PCR),
Thanjavur.
3.The Deputy Superintendent of Police,
Thanjavur Town,
Thanjavur.
https://www.mhc.tn.gov.in/judis
Crl. A.(MD)No.555 of 2022
G.ILANGOVAN,J
tta
4.The Inspector of Police,
All Women Police Station,
Thanjavur.
5.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
Crl. A.(MD)No.555 of 2022
20.09.2022
https://www.mhc.tn.gov.in/judis
