Ramesh Alias Ramesh Prabha v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT [Criminal Jurisdiction] Date : 27.01.2025 PRESENT THE HON`BLE MR.JUSTICE N.ANAND VENKATESH 1.Ramesh @ Ramesh Prabha 2.Ayyavu @ Karuppasamy 3.Marimuthu 4.Manoj ... Petitioner No.1 to 4 Vs The State of Tamil Nadu represented by its The Inspector of Police, Aruppukottai Taluk Police Station, Virudhunagar District.
(Crime No.294 of 2024) ... Respondent/Complainant For Petitioners: Mr.J.Mohamed Ibrahim, Advocate For Respondent : Mr.A.Albert James, Government Advocate (Criminal Side) 1/6
PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS. PRAYER :- For Anticipatory Bail in Crime No.294 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), 329(1), 127(2), 75 of BNS, 2023 and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, in Crime No.294 of 2024 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that A1 is the uncle of the de facto complainant, and steps were taken by the parents of the de facto complainant to arrange her marriage with A1. However, the de facto complainant was in love with another person, and he married her, after which she left her house. In view of the same, the accused persons are said to have come to the house of the de facto complainant, abused her in filthy language, and attempted to physically abuse her.
3. Heard the learned counsel on either side and perused the material records of 2/6
the case.
4. Taking into consideration the facts and circumstances of the case and considering the manner in which the incident has taken place and considering the fact that no injury was sustained by the de facto complainant and taking note of the fact that A1 has two previous cases and other accused persons have one previous case each, 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 their 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, Aruppukottai, 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 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 3/6
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] 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] the petitioners shall file individual affidavits before the learned Judicial Magistrate with a specific undertaking that they will not go anywhere near the de facto complainant's house and cause any threat or harassment to her in the future. [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 4/6
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.
sd/- 27/01/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.
JEN TO
1. THE JUDICIAL MAGISTRATE, ARUPPUKOTTAI, 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT @ SRIVILLIPUTHUR.
3. THE INSPECTOR OF POLICE, ARUPPUKOTTAI TALUK POLICE STATION, VIRUDHUNAGAR DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.J.MOHAMED IBRAHIM, Advocate ( SR-981[I] dated 28/01/2025 ) 5/6
ORDER
IN CRL OP(MD) No.1406 of 2025 Date :27/01/2025 RK/SKN (13/02/2025) 6P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6