Subikshapooshanam v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Subikshapooshanam, ... Petitioner/Sole Accused Vs The Inspector of Police, Anna Nagar Police Station, Madurai.
Crime No.479 of 2024..
... Respondent/Complainant For Petitioner : Mr.R.Manoharan, Advocate.
For Respondent : Mr.A.Albert James, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL UNDER SECTION 482 OF BNSS PRAYER :- For Anticipatory Bail in Crime No. 479 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 351(3) BNSS Act, (294 (b), 323 and 506(ii)IPC) and Section 4 of Women's Harassment Act, in crime No.479 of 1/4
2024 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner and the other accused harassed the de-facto complainant. Hence, the respondent police registered a case against the petitioner.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed the offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioner. 4.Heard the learned Government Advocate(Crl.sdie) appearing for the State. 5.Considering the nature of the allegation that there was a case in quarrel and no one sustained injuries in the alleged occurrence and also considering the fact that there are no bad antecedent against the petitioner, I am inclined to enlarge the petitioner on anticipatory bail.
6. Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or his appearance, 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 learned Judicial Magistrate-VI, Madurai District.
(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 petitioner 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;
(iii)the petitioner shall not tamper with evidence or witness; iv)the petitioner 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 petitioner 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]. (vi)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 27/08/2024 / TRUE COPY / / 09 /2024 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.
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NS TO 1 THE JUDICIAL MAGISTRATE NO.VI, MADURAI DISTRICT .
2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.
3 THE INSPECTOR OF POLICE ANNA NAGAR POLICE STATION, MADURAI.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.R.MANOHARAN, Advocate ( SR-10477[I] dated 28/08/2024 )
ORDER
IN CRL OP(MD) No.13970 of 2024 Date :27/08/2024 PSP/ VR /SAR /06.09.2024/ 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4