Dhanalakshmi @ Kavitha v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Dhanalakshmi @ Kavitha ... Petitioner/Accused No.3 Vs The Inspector of Police, Kallikudi Police Station, Madurai City (Crime No. 53 of 2024).
... Respondent/Complainant For Petitioner : M/s. Vijayaraja.J., Advocate For Respondent : Mr.A.Albert James, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No. 53 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 1/5
respondent police for the offences punishable under Sections 147, 148, 341, 427, 307, 109 IPC, Section 25(1A) of Arms Act and Sections 3, 4(a) of Explosive Substances Act in Crime No.53 of 2024, seeks anticipatory bail. 2.The case of the prosecution is that due to previous motive, while the defacto complainant was returning home, the accused have thrown country bombs on the defacto complainant's car and shot him. Hence, the complaint. 3.Heard the learned counsel on either side and perused the material records of the case.
4.Considering the nature of allegation in this case that it is alleged that a number of person tried to attack the defacto complainant and considering the fact that even though it is alleged that there was a gunshot, no corresponding dent in the car or bullets have been recovered from the vicinity, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 5.Accordingly, this Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen 2/5
days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Thirumangalam, Madurai District, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) 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 petitioner 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 petitioner shall report before the respondent police daily at 05.00pm for a period of three weeks;
(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;
(d)the petitioner shall not abscond either during investigation or trial; (e)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial 3/5
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]; and; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 30/08/2024 / TRUE COPY / /09/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
LR TO 1 THE JUDICIAL MAGISTRATE THIRUMANGALAM, MADURAI DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.
3 THE INSPECTOR OF POLICE KALLIKUDI POLICE STATION, MADURAI CITY 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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+1 CC to M/s.J.VIJAYARAJA, Advocate ( SR-10685[I] dated 02/09/2024 )
ORDER
IN CRL OP(MD) No.14356 of 2024 Date :30/08/2024 SS/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