Lingadurai 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
1. Lingadurai,
2. Vanitha, ... Petitioners/Accused 1 & 2 Vs The Inspector of Police, Andipatti Police Station, Theni District (Crime No. 351 of 2024).
... Respondent/Complainant For Petitioners : M/s. Sivachandran.P., 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. 351 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 118(1), 351(3) of BNS, 2023 and Section 4 of the Prohibition of Harassment of Women Act, 2002 in Crime 1/4
No.351 of 2024, seek anticipatory bail.
2.The case of the prosecution is that due to wordy quarrel, the petitioners herein attacked the defacto complainant and also abused him in filthy language. Hence, the case.
3. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor appearing for the respondent Police and perused the materials available on record.
4.Considering the nature of allegations and considering the fact that the injured was treated as out-patient and that there is a case in counter, I am inclined enlarge the petitioners on anticipatory bail.
5.Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Andipatti, Theni 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 2/4
card or Bank pass Book to ensure their identity; (b)the petitioners shall report before the respondent police daily at (*)05.00 pm for a period of two weeks and thereafter, as and when required for interrogation; (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 abscond, a fresh FIR can be registered under Section 229-A IPC.
sd/- 30/08/2024 (*)For Corrected as per Order of this Hon'ble Court dt.11.09.2024 in Crl.OP (MD).14363/2024 / 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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TRP JBR TO TO BE SUBSTITUTED WITH THE ORDER DT.30/08/2024. 1 THE JUDICIAL MAGISTRATE, ANDIPATTI, THENI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.
3 THE INSPECTOR OF POLICE, ANDIPATTI POLICE STATION, THENI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.S.ALAGUSUNDAR, Advocate ( SR-10659[I] dated 30/08/2024 ) ORDER IN CRL OP(MD) No.14363 of 2024 Date :30/08/2024 SA/VR/SAR. /20.09.2024/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4