Vethammal v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/01/2025 PRESENT THE HON'BLE MS.JUSTICE R. POORNIMA

1. Vethammal 2.Mariyammal 3.Chellapandian ... Petitioners/Accused No.(Rank Not Known) Vs The Inspector of Police, Kuruvikulam Police Station, Tenkasi District.

Crime No. 17/2025.

... Respondent/Complainant For Petitioners :

Mr.P.Veerapandi, Advocate.

For Respondent :

Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.17 of 2025 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 offence under Sections 296(b), 118(1), 115(2) and 351(3) of Bharatiya 1/5

Nyaya Sanhita, 2023, in Crime No.17 of 2025, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to civil dispute between the petitioners and the defacto complainant, both the parties have attacked each other. In this regard, a case and a counter case have been registered as against both the parties in Crime Nos.17 of 2025 and 18 of 2025 respectively.

3.The learned counsel appearing for the petitioners submits that the petitioners and the defacto complainant belong to same village. Due to previous civil dispute, a case has been registered as against the petitioners. The petitioners are innocent and they have not committed any offence as alleged by the prosecution. Hence, they pray for grant of anticipatory bail.

4.The learned Additional Public Prosecutor appearing for the respondent submits that due to property dispute, both the parties have attacked each other and a civil case is also pending. He further submits that injured has been discharged from the hospital.

5.Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the respondent police.

6. Taking into consideration the facts and circumstances of the case and the fact that the injured has been discharged from the hospital, this Court is inclined to grant 2/5

anticipatory bail to the petitioners. Accordingly, this criminal original petition is ordered and the petitioners are ordered to be released on anticipatory 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 learned Judicial Magistrate, Sankarankovil, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each, 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 said Magistrate, on further condition that: i. if the petitioners fail to surrender before the said Magistrate within a period of fifteen days, this order shall stand automatically cancelled. ii.

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. iii. the petitioners shall report before the respondent police daily at 10.30 a.m until further orders.

iv. the petitioners shall not tamper with evidence or witness either during investigation or trial;

v. the petitioners shall not abscond either during investigation or trial; vi. on breach of any of the aforesaid conditions, the learned Magistrate/ 3/5

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]; and;

vii.if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS 2023.

sd/- 17/01/2025 / TRUE COPY / /01/2025 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

VRN /PMU TO 1 THE JUDICIAL MAGISTRATE, SANKARANKOVIL.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TENKASI DISTRICT.

3 THE INSPECTOR OF POLICE, KURUVIKULAM POLICE STATION, TENKASI DISTRICT.

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

4/5

ORDER

IN CRL OP(MD) No.958 of 2025 Date :17/01/2025 RS/IT/SAR-(17.01.2025) 5P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5