Senthilvel v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/11/2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Senthilvel ... Petitioner/Accused 1 Vs
1. The State of Tamil Nadu, Rep by the Inspector of Police, Dhadikombu Police Station, Dindigul District.
2. The Inspector of Police, All Women Police Station, Sanarpatti, Dindigul District.
Crime No. 92/2023.
... Respondents/Comlainant
3. Gayathri ... 3rd Respondent (R3 is Suo-Motu Impleaded as Per Order of the Court dated 17/10/2024 in Crl.OP.(MD).17218/2024) For Petitioner : M/s Anandakumar.N, Advocate For R1 & R2 : Mr.A.Albert James, Government Advocate (Crl.Side) For R3 : Mr.K.S.Durai Pandian, Advocate 1/5
PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No. 92 of 2023 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 294(b), 323, 324 and 506(ii) of IPC in Crime No.92 of 2023 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the defacto complainant is the wife of the petitioner. She got a share in the property that belongs to her family. The petitioner is said to have demanded for that money and when it was refused, he orally abused in filthy language and caused criminal intimidation and also caused injuries to the defacto complainant. There are totally three accused persons in this case and the petitioner has been arrayed as A1.
3. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent police and the learned Counsel appearing for the third respondent.
4. Taking into consideration the facts and circumstances of the case and also of the fact that the parties were not able to reach any settlement in spite of being referred to mediation and it is a matrimonial dispute, this Court is inclined to grant anticipatory bail to the petitioner. Accordingly, this criminal original petition is 2/5
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 No.II, Dindigul, 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;
[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 3/5
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 229-A IPC.
sd/- 14/11/2024 / TRUE COPY / /11/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
LR TO 1 THE JUDICIAL MAGISTRATE NO.II, DINDIGUL.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.
3 THE INSPECTOR OF POLICE, DHADIKOMBU POLICE STATION, DINDIGUL DISTRICT.
4 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, SANARPATTI, DINDIGUL DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
4/5
+1 CC to M/s.N.ANANDAKUMAR, Advocate ( SR-14106[I] dated 15/11/2024 )
ORDER
IN CRL OP(MD) No.17218 of 2024 Date :14/11/2024 SA/SAR. /23.11.2024/5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5