Periyasamy v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY
1. Periyasamy,
2. Chinnathai @ Chinnathayee
3. Sumithra, ... Petitioners/Accused Nos.1to3 Vs The State of Tamilnadu, Rep. by the Sub Inspector of Police, T. Ramanathapuram Police Station, Crime No. 41/2024..
... Respondent/Complainant For Petitioners : Mr.P.Praveenkumar, Advocate.
For Respondent : Mr.A.Albert James, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS / 438 of Cr.P.C 1/5
PRAYER :- For Anticipatory Bail in Crime No. 41 of 2024 on the file of the Respondent police. ORDER : The Court made the following order :- The petitioners/A1 to A3, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2) & 118(1) of BNS Act r/w Section 4 of Tamilnadu Prohibition of Harassment of Women Act, in Crime No.41 of 2024, seek anticipatory bail.
2.The case of the prosecution is that the petitioners are said to have entered into the land of the defacto complainant and removed the fencing stones. When the same was questioned by the defacto complainant, the petitioners abused the defacto complainant in filthy language and assaulted her with stick and caused injuries. Hence, the complaint.
3.Heard both sides.
4.Considering the nature of the allegations that the matter arising out of a land dispute and also considering the facts that the injured was discharged from the 2/5
hospital and there are no bad antecedents against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 5.Accordingly, the petitioners are ordered to be released on bail in the event of their 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 No.II, Usilampatti, on condition that the petitioners shall execute a bond for a sum of Rs.
10,000/-(Rupees Ten Thousand only) common surety for a like sum 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.
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(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/- 19/09/2024 / TRUE COPY / /10/2024 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.
DSS TO
1. The Judicial Magistrate No.II, Usilampatti
2. Do-Through The Chief Judicial Magistrate, 4/5
3. The Sub Inspector of Police, T. Ramanathapuram Police Station,
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.P.PRAVEEN KUMAR, Advocate ( SR-11513[I] dated 20/09/2024 )
ORDER
IN CRL OP(MD) No.15748 of 2024 Date :19/09/2024 RK/JGB (10/10/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5