S. Immanuel Rex v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/10/2024 PRESENT THE HON`BLE MR.JUSTICE K. RAJASEKAR S.Immanuel Rex, ... Petitioner/2nd Accused Vs The State of Tamilnadu, Rep. by the Inspector of Police, Somarasampettai Police Station, Trichy District.
Crime No. 254/2024.
... Respondent/Complainant For Petitioner :Mr.T.Lenin Kumar Advocate.
For Respondent : Mr.P.Kottaichamy Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No. 254 of 2024 on the file of the Respondent police.
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ORDER : The Court made the following order :- The petitioner, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296, 115(2) of BNS, 2023 and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002, in connection with Crime No.254 of 2024, on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that on 27.09.2024, the petitioner is said to have abused the defacto complainant and his wife, who are none other than his father-in-law and mother-in-law, respectively, by using filthy language. Hence, the complaint.
3.The learned counsel for the petitioner submits that the petitioner and the defacto complainant's daughter loved each other and got married against the wish of their family members. The petitioner's mother-in-law gave ill-advice to her daughter. Therefore, a dispute arose.
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4.The learned Government Advocate(Crl.side) appearing for the respondent submits that the petitioner and the defacto complainant are son-in-law and father- in-law and the injuries sustained by the defacto complainant are simple in nature. No previous case is pending as against this petitioner. 5.Considering the fact that the petitioner and the defacto complainant are relatives, considering the fact that the injuries are simple in nature and also the fact that no previous case is pending as against this petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.
Accordingly, this Criminal Original Petition is allowed and 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 No.V, Trichy, on condition that the petitioner shall execute a bond for a sum of Rs.
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(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 am for a period of one week.
(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]; and;
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(f) if the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.
sd/- 09/10/2024 / TRUE COPY / /10/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
VRN TO 1 THE JUDICIAL MAGISTRATE NO.V TRICHY.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY.
3 THE INSPECTOR OF POLICE, SOMARASAMPETTAI POLICE STATION, TRICHY DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.17302 of 2024 Date :09/10/2024 SS/VR/SAR- /17/10/2024/5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5