Rajendran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 26.07.2024 PRESENT The Hon`ble MR.JUSTICE AA.NAKKIRAN 1.Rajendran 2.Muniyammal 3.Balamurugan 4.Ravi ... Petitioners/Accused No.1 to 4 Vs The Inspector of Police, Uchipuli Police Station, Ramanathapauram District.

(Crime No.283 of 2024) ... Respondent/Complainant For Petitioners :

Mr.S.Vashik Ali, 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.283 of 2024 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 296(b), 115(2), 351(3) of the Bharatiya Nyaya Sanhita and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002 in Cr.No.283 of 2024 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the defacto complainant's husband was working as an agent in PACL Insurance. The first petitioner approached him and 1/4

paid premium towards subscription of the police, which was paid and receipt also issued. However, the first petitioner disputed the same, due to which, the accused persons abused the defacto complainant and also threatened them with dire consequences. Hence, the case.

3.The learned counsel appearing for the petitioners submits that the petitioners are innocents and they have not committed any offence as alleged by the prosecution. 4.The learned Government Advocate(Crl.side) for the respondent submits that the petitioners are not having any previous case pending as against them. 5.Considering the facts and circumstances of the case and also ocnsidering that the petitioners are not having any previous case pending as against them, this Court is inclined to grant anticipatory bail to the petitioners. 6.

Accordingly, this criminal original petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate I, Ramanathapuram on condition that the petitioners shall execute a bond for a sum of Rs.

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

sd/- 26/07/2024 / TRUE COPY / /08/2024 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 NO.I, RAMANATHAPURAM DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3 THE INSPECTOR OF POLICE, UCHIPULI POLICE STATION, RAMANATHAPURAM DISTRICT.

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

+1 CC to M/s.S.VASHIK ALI, Advocate ( SR-8717[I] dated 26/07/2024 )

ORDER

IN CRL OP(MD) No.11779 of 2024 Date :26/07/2024 RS/JGB/SAR-(07.08.2024) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4