A.Sindhu v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY A.Sindhu ... Petitioner /Accused No.2 Vs.
The Inspector of Police, Melur Police Station, Madurai City, Cr.No.304 of 2024.
... Respondent/Complainant For petitioner : Mr.M.Kannan, Advocate.
For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL UNDER SECTION 482 OF BNSS PRAYER :- For Anticipatory bail in Crime No.304 of 2024 on the file of the respondent police.
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ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 452, 294(b), 323, 324, 307 and 506 (ii) I.P.C. and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, in crime No.304 of 2024 on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that due to property between the parties, the petitioner and other accused abused the defacto complainant in filthy language and also assaulted her and caused injuries.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent and she has been falsely implicated in this case. He would further submit that the injured was discharged from the hospital. Hence, he prays for grant of anticipatory bail to the petitioner.
4. On the other hand, the learned Public Prosecutor would submit that the injured was discharged from the hospital and co-accused are already arrested and released on bail. But, however, the investigation is pending. Hence, he strongly opposed to grant anticipatory bail to the petitioner.
5. Considering the fact that the injured were discharged from the hospital and the arrested accused are already released on bail and considering the overall facts and 2/5
circumstances of the case, I am inclined to enlarge the petitioner on anticipatory bail.
6. Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or her appearance, on executing 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 Judicial Magistrate, Melur, Madurai District.
(i)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; (ii)the petitioner shall report before the respondent Police, daily at 10.30 am for a period of eight weeks and thereafter as and when required for interrogation. It is made clear that no relaxation of the condition for the said period will be entertained by this court;
(iii)the petitioner shall not tamper with evidence or witness; iv)the petitioner shall not abscond during trial. v)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 3/5
in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. (vi)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 05/08/2024 / TRUE COPY / / 08 /2024 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.
LS TO 1 THE JUDICIAL MAGISTRATE MELUR, MADURAI DISTRICT.
2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT 3 THE INSPECTOR OF POLICE MELUR POLICE STATION MADURAI CITY
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.M.KANNAN, Advocate ( SR-9499[I] dated 06/08/2024 )
ORDER
IN CRL OP(MD) No.10525 of 2024 Date :05/08/2024 4/5
PSP/GS/SAR /14.08.2024/ 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5