Logadharshini v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Logadharshini, ... Petitioners/Accused No.1 Vs The State of Tamilnadu, Rep. By, the Inspector of Police, Kodaikanal Police Station, Dindigul District.

(In Crime No.102 of 2019).

... Respondent/Complainant For Petitioner : M/s.C.Mayilvahana Rajendran, Advocate. For Respondent : Mr.A.Albert Jamees, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL UNDER SECTION 482 OF BNSS PRAYER :- To enlarge the petitioner on bail in the event of her arrest in connection with C.C.No.557 of 2022 on the file of the Judicial Magistrate No.II, Kodaikanal . ORDER : The Court made the following order :- The petitioner/accused, who apprehends arrest at the hands of the respondent 1/4

police for the offences punishable under Sections 294(b), 506(i) IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, in C.C.No.557 of 2022 on the file of the Judicial Magistrate No.II, Kodaikanal in Crime.No.102 of 2019, seeks anticipatory bail.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent Police and perused the materials available on record.

3. Considering the fact that no summon was served on the petitioner in C.C.No.557 of 2022 on account of the fact that the petitioner was working in abroad and considering the fact that pending investigation the petitioner was already enlarged on bail, I am inclined to enlarge the petitioner on anticipatory bail. 5.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Kodaikanal 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 2/4

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 appear before the concerned Court on all hearing dates without fail;

(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 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/- 04/09/2024 / 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 TO 1 THE JUDICIAL MAGISTRATE NO.II, KODAIKANAL.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, DINDUGAL DISTRICT. 3 THE INSPECTOR OF POLICE, KODAIKANAL POLICE STATION, DINDIGUL DISTRICT.

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

+1 CC to M/s.C.MAYILVAHANA RAJENDRAN, Advocate ( SR-10938[I] dated 05/09/2024 )

ORDER

IN CRL OP(MD) No.14820 of 2024 Date :04/09/2024 PSP/ VR /SAR /24.09.2024/ 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4