R.Anuradha v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY
1. R.Anuradha
2. M.Sasikala ... Petitioners/Accused No.1 & 2 Vs The Inspector of Police, Somarasampet Police Station, Trichy District, (Crime No.201/2024.) ... Respondent/Complainant For Petitioners :
M/s.R.Karunanidhi, Advocate.
For Respondent :
Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.201/2024 on the file of the respondent police ORDER : The Court made the following order :- The petitioners/A1 & A2, who were arrested and remanded to judicial custody on 07.08.2024 for the offences punishable under Sections 296(b), 118(1), 309(4), 311, 133 and 351(3) of the Bharatiya Nyaya Sanhita (BNS), 2023, in Crime No.201 of 2024 on the file of the respondent police, seek bail. 1/4
2.The case of the prosecution is that the defacto complainant and the second petitioner are the husband and wife. The first petitioner is the wife of the deceased namely, Durai, who is the brother of the second petitioner. The petitioners are said to have attacked the defacto complainant and threatened him with dire consequences. Further, they snatched 1 sovereign of gold chain, cash amount of Rs.8,000/-, a cell phone, ATM card and physically handicap Identity card since the defacto complainant disclosed the whereabouts of the deceased Durai, who is the brother of the second petitioner and based on his information, the police had encountered the deceased Durai. Hence, the complaint. 3.Heard both sides.
4.Considering the nature of allegation in this case and also considering the fact that there are no bad antecedent as against the petitioners, this Court is inclined to grant bail to the petitioners on certain conditions. 5.Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail, on executing 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 Judicial Magistrate Court No.V, Tiruchirappalli. (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 2/4
card or Bank Pass Book to ensure their identity; (ii)the petitioners shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation; (iii)the petitioners shall not tamper with evidence or witness; iv)the petitioners 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 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]. vi)If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.
sd/- 20/08/2024 / TRUE COPY / 20/08/2024 Sub-Assistant Registrar (C.O) Madurai Bench of Madras High Court, Madurai - 625 023.
DSS To 1.The Judicial Magistrate No.V, Tiruchirappalli. 3/4
2.Do through the Chief Judicial Magistrate, Tiruchirappalli District.
3.The Inspector of Police, Somarasampet Police Station, Trichy District.
4.The Officer Incharge, Women Prison, Trichy District.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.R.KARUNANIDHI, Advocate ( SR-10151[I] dated 20/08/2024 )
ORDER
IN CRL OP(MD) No.13631 of 2024 Date :20/08/2024 ED/ /SAR- (20/08/2024) 4P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4