Mariammal v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/07/2024 PRESENT The Hon'ble Mr.Justice A.A.NAKKIRAN

1. Mariammal

2. Sakunthala

3. Jothikumar

4. Packiyasamy ... Petitioners/Accused No.2 to 5 Vs The Sub Inspector of Police, All Women Police Station, Sankarankovil, Tenkasi District.

(Crime No. 14/2024.) ... Respondent/Complainant For Petitioners :

Mr.Veerapandi P, Advocate.

For Respondent :

Mr.Vaikkam Karunanithi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 B.N.N.S PRAYER :- For Anticipatory Bail in Crime No. 14 of 2024 on the file of the respondent Police.

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ORDER : The Court made the following order :- The petitioners/A2 to A6, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 494, 506(i) IPC @ 498(A), 294(b), 494, 506(2) IPC and Section 4 of TNPHW Act in Crime No.14 of 2024 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to matrimonial dispute, the defacto complainant was harassed by the petitioners, who are in laws. Hence, the complaint. 3.The learned counsel for the petitioners would submit that the petitioners are innocents and they have not committed any offence as alleged by the prosecution. Hence, he prayed for anticipatory bail to the petitioners. 4.The learned Government Advocate (Crl.side) appearing for the respondent police would submit that in this case, the first accused/husband of the defacto complainant was arrested and still, he is in judicial custody. Hence, he strongly opposed to grant anticipatory bail to the petitioner. 5.Considering the facts and circumstances of the case and also considering the fact that the petitioners are the in laws, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of fifteen days from the date of receipt of 2/5

a copy of this order, before the learned Judicial Magistrate, Sankarankovil on condition that the petitioners 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 to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further conditions that: (a)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; (b)the petitioners shall report before the respondent police on every Saturday at 10.00 a.m until further orders.

(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)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]; and; 3/5

(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 19/07/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

SKN To 1.The Judicial Magistrate, Sankarankovil.

2.Do through the Chief Judicial Magistrate, Tirunelveli District.

3.The Inspector of Police, All Women Police Station, Sankarankovil, Tenkasi District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.P.VEERAPANDI, Advocate ( SR-8169[I] dated 19/07/2024 )

ORDER

IN CRL OP(MD) No.10816 of 2024 Date :19/07/2024 4/5

ED/ JGB /SAR- (29/07/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5