K.Dhanam v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23.01.2025 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH 1.K.Dhanam

2. Jeevitha ... Petitioners / Accused A2,A3 Vs The State of Tamil Nadu Represented by the Inspector of Police, Thottiyam Police Station, Trichy District.

(Crime No.03 of 2025) ... Respondent/Complainant For Petitioners : M/s. A.Senthil Kumar Advocate For Respondent : Mr.B.Thanga Aravindh Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act. PRAYER :- For Anticipatory Bail in Crime No. 03 of 2025 on the file of the respondent police. 1/5

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), 118(1) and 351(3) of BNS in Crime No.03 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that, the defacto complainant is the mother-inlaw of A1. There was some matrimonial dispute between the daughter of the defacto complainant and A1. The accused persons are said to have gone to the house of the defacto complainant and demanded for reunion and at that point of time, there was some quarrel. A1 attacked the defacto complainant using knife and also threatened with dire consequences. There are totally three accused persons in this case and the petitioners are arrayed as A2 and A3.

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 considering the manner in which the incident had taken place and also considering the overt act attributed only as against A1 and also the fact that there are no previous 2/5

cases pending against the petitioner and the injured has been discharged from the hospital, 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 on Judicial Magistrate, Thottiyam, Trichy District 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 as and when required for interrogation.

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[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 absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 23/01/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

sma TO

1. THE JUDICIAL MAGISTRATE, THOTTIYAM, TRICHY DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY 4/5

3.THE INSPECTOR OF POLICE, THOTTIYAM POLICE STATION, TRICHY DISTRICT.

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

ORDER

IN CRL OP(MD) No.1280 of 2025 Date :23/01/2025 RK/SKN (13/02/2025) 5P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5