Balammal v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/07/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN

1. Balammal,

2. Ponnammal,

3. Sangeetha,

4. Gopinath,

5. Sundar, ... Petitioners/Accused Nos.1to5 Vs The Inspector of Police, Manamadurai Police Station, Sivagangai District.

Cime No.298/2024.

... Respondent/Complainant For Petitioners: A. Mohan, Advocate.

For Respondent : Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.298/2024 on the file of the respondent police 1/5

ORDER : The Court made the following order :- The petitioners/A1 to A5, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 447, 294(b), 323, 324, 427, 379(NH), 506(ii) of IPC and Section 4of TNPWH Act, in Crime No.298 of 2024, seek anticipatory bail.

2.The case of the prosecution is that the defacto complainant is the daughter-inlaw of the petitioners 1 & 2. The husband of the defacto complainant died one year ago. Due to civil dispute between the parties, the petitioners said to have trespassed into the suit properties and abused the defacto complainant in filthy language and assaulted her. 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. He would further submit that already a civil suit is pending in O.S.No.136 of 2023 before the District Court, Sivagangai, and the injured was discharged from the hospital. Hence, he prays for grant of anticipatory bail to the petitioners. 4.The learned Government Advocate (Crl.Side) would submit that it is a case of civil dispute between the defacto complainant and the petitioners 1 & 2. In the said occurrence, the petitioners caused damage to the shop worth about Rs.1000/- and the investigation is in preliminary stage. But, however, he fairly conceded that the 2/5

injured was discharge from the hospital.

5.Considering the facts and circumstances of the case and also considering the facts that it is a case of civil dispute between the parties and the injured was discharged from the hospital, 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 their arrest or their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Manamadurai, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) each with two sureties, each for a like sum 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 daily at 10.30 am for a period of three weeks and thereafter, as and when required for interrogation; (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; 3/5

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

sd/- 25/07/2024 / TRUE COPY / / 08 /2024 Sub-Assistant Registrar (C.S.I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS TO 1 THE JUDICIAL MAGISTRATE MANAMADURAI.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3 THE INSPECTOR OF POLICE MANAMADURAI POLICE STATION, SIVAGANGAI DISTRICT.

4/5

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

ORDER

IN CRL OP(MD) No.11335 of 2024 Date :25/07/2024 PSP/VR/SAR /08.08.2024/ 5P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5