M.Nagendran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY M.Nagendran ... Petitioner/Sole Accused Vs 1.The Inspector of Police, All Women Police Station, Nillakkottai, Dindigul District.

(Crime No.20 of 2024.) ... Respondent/Complainant 2.Anusiya ... Petitioner / Defacto Complainant in CRL M(MD) No.10109 of 2024 For Petitioner :

A.Senthilkumar, Advocate.

For Respondent :

Mr.A.Albert James, Government Advocate (Crl.Side) For Intervener :

Mr.S.Balaji, Advocate.

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.20 of 2024 on the file of the respondent Police. 1/5

ORDER : The Court made the following order :- The petitioner/Accused No.1, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 115(2), 351(2), 49 of BNS, 2023, and Section 4 of TNPWH Act, in Cr.No.20 of 2024, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner and the defacto complainant are the husband and wife. The petitioner and the his mother are said to have abused the defacto complainant in filthy language and harassed her. Hence, the complaint. 3.Heard both sides.

4.Considering the nature of the allegations in this case that the petitioner is said to have threatened the defacto complainant that if she comes with him to Dubai, he will kill her, and also considering the overall facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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, Nilakottai, Dindigul 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 2/5

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 a.m, for a period of two weeks and thereafter, as and when required for interrogation; (c) the petitioner shall appear for investigation as far as possible virtually. (d)the petitioner shall inform his whereabouts, such as his correct address in abroad and correct e-mail address, to the Investigating Officer before going abroad. (e)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(f)the petitioner shall not abscond either during investigation or trial; (g)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; 3/5

(h)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 23/10/2024 / TRUE COPY / /11/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS To 1.The Judicial Magistrate, Nilakottai, Dindigul District.

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

3.The Inspector of Police, AWPS Police Station, Nilakottai, Dindigul District.

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

+1 CC to M/s.A.SENTHIL KUMAR, Advocate ( SR-13024[I] dated 24/10/2024 )

ORDER

IN CRL OP(MD) No.15883 of 2024 Date :23/10/2024 4/5

ED/JGB /SAR- (05/11/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5