Suganya v. State Represented By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.01.2025
CORAM
THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 470 of 2025 1.Suganya 2.Diviya 3.Maheswari Petitioner(s) Vs The State Rep by The Inspector of Police, Thirumanur Police Station, Ariyalur. (Crime No. 253 of 2024) Respondent(s) For Petitioner(s):
Iyyapparaj For Respondent(s):
S.Santhosh Government Advocate (criminal Side), madras High Court.
ORDER
Apprehending arrest in connection with Crime No.253 of 2024 registered for the offences punishable under Sections 296(b), 118(1) and 351(3) of BNS, the present petition has been filed by the petitioners seeking anticipatory bail.
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2. Pleading innocence on the part of the petitioners, false implication in the case, learned counsel for the petitioners seek indulgence of this Court. He would submit that the main accused/A1, who is said to have been caused injuries, has been arrested and released on bail and that the injured has been discharged from the hospital. He would submit that since the petitioners are related to the main accused, they have been implicated in this case. He would further submit that the petitioners are ready to abide by any stringent condition that may be imposed by this court.
3. The case of the prosecution, as put forth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of bail, is that on 07.12.2024, due to previous enmity, A1 stated a wordy quarrel with the defacto complainant and abused him in filthy language and also assaulted him with a sickle. Due to which, the defacto complainant sustained injuries on his head. Further, the petitioners herein have abused the wife of the defacto complainant and also assaulted her with stones. He would submit that the injured has been discharged from the hospital on 16.01.2025.
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4. Having heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) for the respondent Police and perused the materials available on record, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions and accordingly, they 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 Judicial Magistrate II, Ariyalur, on condition that the petitioners shall execute separate 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 petitioners shall report before the respondent police everyday at 10.30 a.m for a period of two weeks and thereafter every Saturday at 10.30 a.m until further orders.
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A.D.JAGADISH CHANDIRA , J.
Anu [c] the petitioners shall not tamper with evidence or witness either during investigation or trial. [d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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].
[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of B.N.S.
27.01.2025 Anu To 1.The Judicial Magistrate II, Ariyalur
2. The Inspector of Police, Thirumanur Police Station, Ariyalur.
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