Chinnaramar v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Chinnaramar ... Petitioner/Sole Accused Vs 1.The State of Tamilnadu, Rep by the Inspector of Police, Sankarankovil Police Station, In Cr.No.205/2024, Tenkasi District..
(*)2.Pavulamery, D/o.Jegathalaprathapan, South Street, Oodaikaraipatti, Ayyapuram, Tenkasi District.
... Respondents/Complainants (*)(R2 is Suo-Motu Impleaded as Per Order of the Court dated 30.09.2024 in Crl.O.P. (MD).No.16491of 2024) For Petitioner : Mr.Praveenkumar P, Advocate.
For R-1 : Mr.A.Albert James, Government Advocate (Crl.Side) 1/5
PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 205/2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner / Sole Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 352, 506(i) IPC and Section 4 of Tamil Nadu Prohibition of Women Harassment Act, in Crime No.205 of 2024, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on 17.05.2024, when the defacto complainant, who is the wife of the petitioner, went to the Sub Court, Sankarankovil, at that time, a wordy quarrel arose between the petitioner and the defacto complainant, due to which, the petitioner herein abused the defacto complainant by using filthy language and also gave her life threat.
3. Heard. Perused the materials available on record including the First Information Report.
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4. Considering the nature of allegations that it was a wordy quarrel arose between the petitioner and the defacto complainant while travelling to the Sub Court, Sankarankovil, I am inclined to enlarge the petitioner on anticipatory bail with certain conditions:
5. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Sankarankovil, 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 the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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. 3/5
[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]. [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.
sd/- 04/10/2024 / TRUE COPY / /10/2024 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO 1.THE JUDICIAL MAGISTRATE, SANKARANKOVIL 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TENKASI.
3.THE INSPECTOR OF POLICE, SANKARANKOVIL POLICE STATION,TENKASI DISTRICT.. 4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.16491 of 2024 Date :04/10/2024 RK/VR(19/10/2024) 5P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5