S. Nithya Sowbagkya Lakshmi, v. The State Of Tamil Nadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20.01.2025 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH 1.S.Nithya Sowbagkya Lakshmi 2.Sowmiya Bharathi 3.R.Sadasivam 4.S.Umadevi
...Petitioners / Accused Rank Not Known
Vs The State of Tamil Nadu Represented by the Inspector of Police, Anna Nagar Police Station, Madurai City.
(Crime No.480 of 2024) ... Respondent/Complainant For Petitioners : Mr.S.Srikanth, Advocate For Respondent : Mr.A.Albert James, Government Advocate (Criminal Side) 1/6
PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act. PRAYER :- For Anticipatory Bail in Crime No. 480 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences under Sections 296(b), 115(2), 351(3), 329(4) of BNS, 2023 and Section of TNPHW Act, in Crime No.480 of 2024 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the defacto complainant questioned the third petitioner regarding the disturbance caused by their dog. This resulted in the defacto complainant being abused in filthy language and being attacked and threatened with dire consequences. There are totally 4 accused persons in this case.
3. The petitioners filed the earlier anticipatory bail petition before this Court in Crl.OP(MD).No.12756 of 2024 and this Court by order dated 05.08.2024 granted anticipatory bail. Since the sureties were not executed on time, the petitioners filed Crl.MP(MD).No.13617 of 2024 in Crl.OP(MD).No.12756 of 2024 and this Court also granted extension of time by order dated 12.12.2024. In spite of the same, the 2/6
petitioners did not comply with the conditions on the ground that an attempt was made to compromise the dispute.
4. In view of the same, the anticipatory bail granted stood cancelled automatically.
5. Heard the learned counsel on either side and perused the material records of the case.
6. Taking into consideration the facts and circumstances of the case and considering the nature of dispute between the parties, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
7. Accordingly, the petitioners 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 on which the order copy made ready, before the learned Judicial Magistrate Court No.VI, Madurai, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two common sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to 3/6
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 petitioners 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 appear before the respondent Police as and when required for interrogation.
[c] It is made clear that if the petitioners do not comply with the conditions within the time stipulated by this Court, this Court will not grant any extension of time.
[d] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[e] the petitioners shall not abscond either during investigation or trial. 4/6
[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 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023. IPC.
sd/- 20/01/2025 / TRUE COPY / /01/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.
PAL TO 1 THE JUDICIAL MAGISTRATE NO.VI MADURAI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.
3 THE INSPECTOR OF POLICE, ANNA NAGAR POLICE STATION, MADURAI CITY.
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4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.S.SRIKANTH, Advocate ( SR-556[I] dated 21/01/2025 )
ORDER
IN CRL OP(MD) No.694 of 2025 Date :20/01/2025 SS/SKN/SAR- /30/01/2025/ 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6