Manimegalai v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY

1. Manimegalai

2. Raja

3. Manikandapoopathy @ Boopathi

4. Karthick

5. Janaki

6. Selvameena

7. Umamaheshwari ... Petitioners/Accused Nos. 1 to 7 Vs The Inspector of Police, Ss Colony Police Station, Madurai City, Madurai District.

(Crime No.481 of 2024) ... Respondent/Complainant 1/5

For Petitioners : Mr.B.Arun, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor For Intervenor : Mr.A.Prabhu PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.481 of 2024 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners /Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 296(b), 115(2), 333, 303, 74 and 351 (2) BNS, 2023, in Cr.No. 481 of 2024, seek anticipatory bail. 2.The case of the prosecution is that due to previous motive between the parties, the petitioners said to have abused the defacto complainant in filthy language and snatched 1.50 grams of gold jewel and C2 Mobile phone and also assaulted her. Hence, the complaint.

3. The learned counsel for the intervener would submit that this is not a simple case of scuffle alone, but, one of the petitioners willfully misbehaved by even showing his private parts. As a matter of fact, the petitioners misbehaved with the 2/5

persons who tried to save the de facto complainant.

4. Heard the learned counsel on either side and perused the material records of the case.

5.Considering the facts and circumstances of the case and also considering the fact that it is a case and counter, I am inclined to enlarge the petitioners on anticipatory bail with certain conditions.

6. Accordingly, this Petition is allowed and 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 a copy of this order, before the learned Judicial Magistrate No.V, Madurai, Madurai District, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) with two common sureties, 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 daily at 10.30 am for a period of four weeks and thereafter as and when required for interrogation. It 3/5

is made clear that no relaxation of the condition for the said period will be entertained by this court;

(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 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 absconds, a fresh FIR can be registered under Section 229-A IPC.

Sd/- 13/08/2024 / TRUE COPY / /08/2024 Sub-Assistant Registrar (C.S.I /II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

LS 4/5

TO

1. The Judicial Magistrate No.V, Madurai, Madurai District

2. -do through The Chief Judicial Magistrate, Madurai, Madurai District.

3. The Inspector of Police, S.S.Colony Police Station, Madurai City, Madurai District.

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

+1 CC to M/s.B.ARUN, Advocate ( SR-10022[I] dated 16/08/2024 )

ORDER

IN CRL OP(MD) No.13285 of 2024 Date : 13/08/2024 RD/SKN (22/08/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 5/5