Ravi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03.09.2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY

1. Ravi

2. Senthilkumar

3. Mari ... Petitioners/ Accused No. 1 to 3 Vs The Inspector of Police, Arimalam Police Station, Pudukottai District.

Crime No.92 of 2024 ... Respondent/Complainant For Petitioners: Mr.A.Shajahan, 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.92 of 2024 on the file of the Respondent police.

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ORDER : The Court made the following order :- The petitioners, who apprehends arrest at the hands of the respondent Police for the alleged offence under Sections 296(b), 115, 115 of BNS r/w. Section 4 of Tamil Nadu Prohibition of Women Harassment Act, in Crime No.92 of 2024, seeks anticipatory bail.

2.The case of the prosecution is that on 23.08.2024, due to wordy quarrel, the petitioners are said to have assaulted the defacto complainant and abused her in filthy language. Hence, the complaint.

3.Heard the learned counsel on either side and perused the material records of the case.

4.Considering the nature of allegations that on account of the dumping of the debris and the other construction materials and upon being questioned, the petitioners hit the defacto complainant and considering the fact that there are no serious injuries and there are no antecedents on the part of the petitioner and also considering the argument of the learned Counsel for the petitioner that the petitioner will file an affidavit of undertaking that he will properly dispose of the debris and other construction materials, I am inclined to enlarge the petitioners on anticipatory bail with certain conditions.

5.Accordingly, this Petition is allowed and the petitioners are ordered to be 2/5

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 Magistrate, Thiurmayam, Pudukottai 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 one week 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 3/5

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 absconds, a fresh FIR can be registered under Section 229-A IPC.

(g) As undertaken, an affidavit stating that the petitioner will properly store and dispose off the debris shall also be filed before the learned Magistrate concerned. sd/- 03/09/2024 / TRUE COPY / / 09 /2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

JBR TO 1 THE JUDICIAL MAGISTRATE THIRUMAYAM, PUDUKOTTAI DISTRICT.

2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI DISTRICT.

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3 THE INSPECTOR OF POLICE ARIMALAM POLICE STATION, PUDUKOTTAI DISTRICT.

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

+1 CC to M/s.A.SHAJAHAN, Advocate ( SR-10823[I] dated 04/09/2024 )

ORDER

IN CRL OP(MD) No.14660 of 2024 Date :03/09/2024 PSP/ VR /SAR /21.09.2024/ 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5