Jasmin.J v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30.01.2025 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH J.Jasmin ... Petitioner / Accused No.1 Vs The State of Tamil Nadu Represented by the Inspector of Police, Palani Town Police Station, Dindigul District.
(Crime No.32 of 2025) ... Respondent/Complainant For Petitioner : Mr.N.Mohan, Advocate For Respondent : Mr.A.Albert James, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act. PRAYER :- For Anticipatory Bail in Crime No. 32 of 2025 on the file of the respondent police.
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ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 191(2), 296(b), 115(2) and 351(2) of BNS, 2023, (Section 147, 294(b), 323 and 506 I of IPC) and Section 3 of Tamilnadu Medicare Service Person and Medicare Service Institution (Prevention of Violence and Damage or Loss to the Property) Act, 2008, in Crime No.32 of 2025 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that A1 is the wife of A2. There was some pressure from the family of A2 and hence, an impression was given as if A1 has become pregnant. After some time, the relatives of A2 were informed that the child was still born. Believing the words, the other accused persons came to the hospital and they assaulted with hands and also abused the doctors.
3. The learned counsel for the petitioner submitted that the petitioner was under pressure from A2 and his family members and she did not have any option except to act according to the directions given by A2 and his family. The learned counsel further submitted that A3 and A4 were granted anticipatory bail by this Court in Crl.OP(MD).No.1487 of 2025 by an order dated 27.01.2025.
4. Heard the learned counsel on either side and perused the material records of the case.
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5. Taking into consideration the facts and circumstances of the case and considering the manner in which the entire incident had taken place and taking note of the fact that the petitioner was more a victim of circumstances, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate Court, Palani, on condition that the petitioner 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 petitioner 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 petitioner shall appear before the respondent police as and when required for interrogation.
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.
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[d] the petitioner 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 petitioner 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/- 30/01/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
PAL TO 1 THE JUDICIAL MAGISTRATE, PALANI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.
3 THE INSPECTOR OF POLICE, PALANI TOWN POLICE STATION, DINDIGUL DISTRICT.
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4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.1824 of 2025 Date :30/01/2025 SA/SKN/SAR. /14.02.2025/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5