K.Kannadasan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/12/2024 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH K.Kannadasan ... Petitioner/Accused No.1 Vs

1. The State of Tamil Nadu, Rep by All Women Police Station, Oddanchatram, Dindigul District (Crime No. 28 of 2024.) ... Respondent / Complainant

2. Pandiya Revathi ... 2nd Respondent (R2 is suo motu impleaded as per order of the Court dated 30.09.2024 in CRL OP (MD) No.16547 of 2024) For Petitioner :

M/s Rajiv Rufus.V, For Respondents :

Mr.A.Albert James, Government Advocate (Crl.Side) for R1 :

Mr.M.Arikaran, Advocate for R2 PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No. 28 of 2024 on the file of the respondent Police. 1/5

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 498(A) IPC in Crime No.28 of 2024 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that A1 is the husband of the defacto complainant. He married the defacto complainant, who is said to have been subjected to physical and mental cruelty by A1. The petitioner is arrayed as A1. The other accused persons are in-laws.

3.All the accused persons have filed the petition for anticipatory bail. This Court by order, dated 30.09.2024 was inclined to grant anticipatory bail to A2 to A4. A1 and the defacto complainant were referred to mediation. Since efforts taken in the mediation Centre did not yield any fruit and there was no agreement reached between the parties, the matter was referred back to the Court. 4.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent. 5.Taking into consideration facts and circumstances of the case and considering the fact that there was a matrimonial dispute between the parties this Court is inclined to grant anticipatory bail to the petitioner. 2/5

6.Accordingly, this criminal original petition is ordered and the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Ottanchattram, 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 respondent police or the police officer who intends to arrest or to the satisfaction of the said Magistrate, on further condition that: [a] if the petitioner fail to surrender before the said Magistrate within a period of fifteen days, this order shall stand automatically cancelled.

[b] 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.

[c] the petitioner shall report before the respondent police as and when required for interrogation.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial;

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[e] the petitioner shall not abscond either during investigation or trial;

[f] 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;

[g] if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

sd/- 02/12/2024 / TRUE COPY / /12/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM To 1.The Judicial Magistrate Ottanchattram, Dindigul District.

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

3.The Inspector of Police, All Women Police Station Oddanchatram, Oddanchatram, Dindigul District.

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

+1 CC to M/s.V.RAJIV RUFUS, Advocate ( SR-14811[I] dated 02/12/2024 )

ORDER

IN CRL OP(MD) No.16547 of 2024 Date :02/12/2024 ED/ GSV /SAR- (11/12/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5