Mangai @ Alamelu Mangai v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22.01.2025 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH 1.Mangai @ Alamelu Mangai 2.Raj @ Rajeshkannan ... Petitioners / Accused 1&2 Rank Not Known Vs The State of Tamil Nadu Represented by the Inspector of Police, Samayanallur Police Station, Madurai District.

(Crime No.315 of 2024) ... Respondent/Complainant For Petitioners : Mr.K.K.Kannan, Advocate For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Criminal Side) For Intervenor : Mr.M.Beema Rao, Advocate 1/5

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act. PRAYER :- For Anticipatory Bail in Crime No. 315 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 127(1), 296(b), 351(3) and 305 of BNS, in Crime No.315 of 2024 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that there was already a family dispute between the parties. The sister-in-law of the defacto complainant and her son are said to have entered the house of the defacto complainant and abused in filthy language and threatened with dire consequences and they also took away 5 1⁄2 sovereigns of two gold chains and cash of Rs.5,00,000/-.

3. Heard the learned counsel on either side and perused the material records of the case.

4. Taking into consideration the facts and circumstances of the case and 2/5

considering the relationship between the parties and the previous property dispute, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

5. 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, Vadipatti, on condition that the petitioners shall execute 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 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 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 report before the respondent police on every Monday at 10.30 a.m. for a period of six weeks and thereafter, as and when required. 3/5

[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 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023. IPC.

sd/- 22/01/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

PAL 4/5

TO 1 THE JUDICIAL MAGISTRATE VADIPATTI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE INSPECTOR OF POLICE, SAMAYANALLUR POLICE STATION,MADURAI.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.K.K.KANNAN, Advocate ( SR-662[I] dated 22/01/2025 )

ORDER

IN CRL OP(MD) No.763 of 2025 Date :22/01/2025 SS/SKN/SAR- /05/02/2025/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5