Kamalam v. State By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.12.2024
CORAM
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA CRL OP. 30568 of 2024 KAMALAM W/O.RAJAMANICKAM, NO.11/94, SEETHY STREET, MELAKUPPAM, AMMERI, CUDDALORE DISTRICT.
PETITIONER Vs STATE BY THE INSPECTOR OF POLICE, NEYVELI THERMAL POLICE STATION, CUDDALORE. CRIME NO.232 OF 2024 RESPONDENT For Petitioner:
MR.V.MUTHUPANDI For Respondent:
MR. S. SANTHOSH, ADVOCATE (CRL. SIDE) Page No.1 of 6
ORDER
Apprehending arrest in connection with Crime No.232 of 2024 registered for the offences punishable under Sections 115(2), 232(1), 296(b) and 351(3) of BNS r/w 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 1998, the present petition has been filed seeking anticipatory bail.
2. Pleading innocence on the part of the petitioner, false implication in the case, learned counsel for the petitioner seeks indulgence of this Court. He also submits that the petitioner is one of the accused facing trial in S.C.No.71 of 2020 on the file of the Mahila Court, Cuddalore. He also submits that the defacto complainant is a witness in that case and in order to threaten the petitioner and extort money from her, the de facto complainant filed a false complaint against the petitioner. He also submits that the petitioner is no way connected with the alleged offences and she is ready to abide by any stringent condition that may be imposed by this Court. Page No.2 of 6
3. The case of the prosecution, as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of bail, is that the petitioner had threatened the witnesses to prevent them giving evidence in a sessions case in S.C. No.71 of 2020 pending on the file of the Mahila Court, Cuddalore and later on 23.09.2024, the petitioner assaulted the de facto complainant.
4. Having heard the learned counsel for the petitioner 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 petitioner with certain conditions and accordingly, she is ordered to be released on bail in the event of arrest or on her appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned District Munsif cum Judicial Magistrate, Neyveli, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only), with two sureties each for a like sum to the satisfaction of the respondent Police or the Police officer who intends to Page No.3 of 6
arrest or to the satisfaction of the said Magistrate, on further condition that: [a] if the petitioner fails to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled;
[b] 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;
[c] the petitioner shall report before the Mahila Court, Cuddalore, on all the working days at 10.30 a.m.,until further orders.
[d] the petitioner shall not tamper with evidence or witness either during investigation or trial; [e] the petitioner shall not abscond either during investigation or trial;
[f] 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];
Page No.4 of 6
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
11.12.2024 bga To
1. THE INSPECTOR OF POLICE, NEYVELI THERMAL POLICE STATION, CUDDALORE. CRIME NO.232 OF 2024
2. THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, NEYVELI Page No.5 of 6
A.D.JAGADISH CHANDIRA, J.
bga CRL OP. 30568 of 2024 11.12.2024 Page No.6 of 6