Malaiselvam v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06.09.2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Malaiselvam ... Petitioner/Sole Accused Vs The Inspector of Police, Sayalkudi Police Station, Ramanathapuram District.

(Crime No.250 of 2024) ... Respondent/Complainant For Petitioner :

Mr.A.Arputharaj, 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.250 of 2024 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent Police for the alleged offence under Sections 296(b), (*)118(2), and 351(3) of BNS, in Crime No.250 of 2024, seeks anticipatory bail.

2. The case of the prosecution is that due to previous motive, the petitioner abused the defacto complainant in filthy language and attacked her husband and caused grievous injury. Hence, the complaint. 1/4

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

4. Considering the nature of allegation that it is a case and counter and considering the fact that the injured was discharged from the hospital and also considering the fact that there are no bad antecedents as against the petitioner, I am inclined to enlarge the petitioner on anticipatory bail with certain conditions.

5. Accordingly, this Petition is allowed and the petitioner is ordered to be released on bail in the event of his 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, Kadaladi, Ramanathapuram 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 10.30 am for a period of three weeks and thereafter as and when required for interrogation. It is 2/4

made clear that no relaxation of the condition for the said period will be entertained by this court;

(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/- 06/09/2024 (*)AMENDED AS PER ORDER OF THE COURT DATED 12/11/2024 IN CRL MP(MD).12044 OF 2024 IN CRL OP(MD).14964 of 2024 BY NAVJ.

/ TRUE COPY / 13/11/2024 Sub-Assistant Registrar( ) Madurai Bench of Madras High Court, Madurai - 625 023.

JBR 3/4

To TO BE SUBSTITUTED WITH THE ORDER DATED 06/09/2024 ALREADY DESPATCHED.

1.The Judicial Magistrate, Kadaladi, Ramanathapuram District.

2.Do through the Chief Judicial Magistrate, Ramanathapuram District.

3.The Inspector of Police, Sayalkudi Police Station, Ramanathapuram District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.A.ARPUTHARAJ, Advocate ( SR-13850[I] dated 12/11/2024 )

ORDER

IN CRL OP(MD) No.14964 of 2024 Date :06/09/2024 ED/ MMS /SAR- (15/10/2024) 4P / 6C PNM SS/SAR- /13/11/2024/4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4