Kiruthika v. State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/01/2025 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH

1. Kiruthika

2. Dravidan

3. Mahalakshmi

4. Ramakrishnan

5. Angayarkanni ... Petitioners/Accused Vs State of Tamil Nadu, Rep by the Inspector of Police, Navalpattu Police Station, Trichy District.

(Crime No. 3 of 2025).

... Respondent/Complainant For Petitioner : Mr.R.Venkatesan, Advocate For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) 1/5

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.3 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 120(b), 406 and 420 of IPC in Crime No. 3 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the third petitioner got married to the son of the defacto complainant. It is alleged that they were running a finance business and the accused persons are said to have taken away the entire receipts that were given at the time of pledging the jewels and also taken away money. Due to this, the son of the defacto complainant attempted to commit suicide and he is now in coma stage.

3. The learned counsel appearing for the petitioners submitted that the third petitioner is the wife of the defacto complainant's son. He further submitted that the third petitioner's husband developed an illegal relationship with another woman and 2/5

this was informed to the first and second petitioners, who are the owners of the house. Later, it was also revealed to the fourth and fifth petitioners, who are the parents of the third petitioner. On coming to know of the same, the son of the defacto complainant attempted to commit suicide.

4.The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the son of the defacto complainant attempted to commit suicide only because of the attitude of the petitioners and he is now in coma stage.

5. Taking into consideration the facts and circumstances of the case and considering the manner, in which, this incident had taken place and taking note of the defence that has been taken by the petitioners, this Court is inclined to grant 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 No.III, Trichy, on condition that the petitioner Nos. 1 and 2 shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each, with two sureties and the petitioner Nos. 3 to 5 shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand 3/5

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 said Magistrate, on further condition that: [a] if the petitioners fail to surrender before the said Magistrate within a period of fifteen days, this order shall stand automatically cancelled. [b] 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. [c] the petitioners shall report before the respondent police as and when required for interrogation.

[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; [f] 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]; and; 4/5

[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.

LR TO

1. THE JUDICIAL MAGISTRATE NO.III, TRICHY, 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY.

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

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

+1 CC to M/s.R.VENKATESAN, Advocate ( SR-960[I] dated 28/01/2025 )

ORDER

IN CRL OP(MD) No.1522 of 2025 Date :27/01/2025 RK/SKN (13/02/2025) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5