Ezhilmaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY

1. Ezhilmaran

2. Loganayagi ... Petitioners/Accused No.1 & 2 Vs The Inspector of Police, Pattiveeranpatti Police Station, Dindigul District.

Crime No.250/2023 ... Respondent/Complainant For Petitioners :

Mr.S. Sivaprakash, Advocate.

For Respondent :

Mr.R.M.Anbunithi, Additional Public Prosecutor For intervenor :

Mr.B.Narayan Ram, Advocate PETITION FOR ANTICIPATORY BAIL UNDER SEC 482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.250/2023 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 1/5

respondent police for the offences punishable under Sections 294(b), 323, 506(i) and * 494 I.P.C and Section 4 of TNPHW Act, in Cr.No. 250 of 2023, seek anticipatory bail.

2.The case of the prosecution is that due to matrimonial dispute between the parties, the petitioners are said to have abused the defacto complainant in filthy language and criminally intimidated her also assaulted her and caused injury. Hence, the complaint.

3.The learned counsel for the intervenor would oppose the anticipatory bail application by submitting, apart from the present occurrence, when there are two school going children, the accused also committed bigamy. 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 the injured was discharged from the hospital and that there are no bad antecedents against the petitioners, I am inclined to grant anticipatory bail to the petitioners 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 2/5

Magistrate, Nilakottai, Dindigul District, 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 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 two weeks and thereafter as and when required for interrogation. It 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 3/5

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/- 21/08/2024 (*) Corrected as per order of this Court dated 02.09.2024 in CRL OP(MD) No.13681 of 2024 / TRUE COPY / /09/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

LS TO TO BE SUBSTITUTED WITH THE ORDER DATED 21.08.2024 ALREADEY DESPATCHED 1 THE JUDICIAL MAGISTRATE, NILAKOTTAI, DINDIGUL DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.

3 THE INSPECTOR OF POLICE, PATTIVEERANPATTI POLICE STATION, DINDIGUL DISTRICT.

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

+1 CC to M/s.S.SIVAPRAKASH, Advocate ( SR-10203[I] dated 21/08/2024 ) 4/5

ORDER

IN CRL OP(MD) No.13681 of 2024 Date :21/08/2024 RS/GS/SAR-(28.08.2024) 5P 6C ED/ GS /SAR- (10/09/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5