S. Chinnaramar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22.05.2024 PRESENT THE HON'BLE MRS JUSTICE S.SRIMATHY S.Chinnaramar ... Petitioner/Sole Accused Vs The Inspector of Police, Sankarankovil Town Police Station, Tenkasi District.

In Cr.No.205 of 2024 ... Respondent/Complainant For Petitioner : Mr.P.Praveenkumar, Advocate For Respondent : Mr.S.Manikandan, Government Advocate(Crl.side) PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.205 of 2024 on the file of the Respondent police. ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 352, 506(i) IPC and Section 4 of 1/5

the Tamil Nadu Prohibition of Harassment of Women Act in Crime No.205 of 2024 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner and the defacto complainant are husband and wife and due to matrimonial dispute, the defacto complainant lodged a DVC complaint in DVC.No.2 of 2023. When the said case was came for hearing, the petitioner herein, abused the defacto complainant in filthy language and also attacked her in the Court premises. Hence, the complaint. 3.The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution.

4.The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that the petitioner filed the present petition, when enquiry was pending and now, FIR in Cr.No.205 of 2024 has been registered for the offence under Sections 294(b), 352, 506(i) IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act. He further submit that investigation is not yet completed.

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5.Taking into consideration the facts and circumstances of the case and also considering the fact that parties are husband and wife, 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 of receipt of a copy of this order, before the learned Judicial Magistrate, Sankarankovil, 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 learned Magistrate concerned and on further conditions 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 Aadhaar card or bank pass book to ensure their identity. [b]the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation. 3/5

[c]the petitioner shall not tamper with the evidence or witness either during investigation or trial.

[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 is 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 229-A IPC.

sd/- 22/05/2024 / TRUE COPY / /05/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE JUDICIAL MAGISTRATE, SANKARANKOVIL.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.

3 THE INSPECTOR OF POLICE SANKARANKOVIL TOWN POLICE STATION, TENKASI DISTRICT.

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

+1 CC to M/s.P.PRAVEEN KUMAR, Advocate ( SR-5802[I] dated 24/05/2024 )

ORDER

IN CRL OP(MD) No.7418 of 2024 Date :22/05/2024 SS/VR/SAR- /27/05/2024/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5