M Prabhu v. 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

1. M Prabhu,

2. P Sevanammal,

3. K Rajeshwari,

4. P Praveena Alias Pravi, ... Petitioners/Accused Nos.1 to 4 Vs State of Tamilnadu, The Inspector of Polie, Valandhoor Police Station, Madurai District.

Cr.No.119/2024.

... Respondent/Complainant For Petitioners : Mr.R.Santhanam, Advocate.

For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL UNDER SECTION 482 OF BNSS PRAYER :- 1/5

For Anticipatory Bail in Crime No. 119 of 2024 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused Nos.1 to 4, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 296(b), 115(2), 151(ii) of B.N.S and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act in Crime No.119 of 2024, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to wordy quarrel arose between the petitioners and the defacto complainant, the petitioners herein abused the defacto complainant by using filthy language and attacked the defacto complainant and caused head injury to him. Hence, the complaint.

3. The learned counsel appearing for the petitioners would submit that the petitioners have been falsely implicated in this case. He would further submit that the petitioners are ready to offer substantial sureties for their subsequent appearance before the Court below.

4. The learned Government Advocate (Criminal Side) appearing for the respondent Police would submit that due to wordy quarrel arose between the parties, the petitioners and the defacto complainant attacked each other with hands and three persons were injured. He would further submit that there is no previous case 2/5

pending against the petitioners. He would further submit that the victim sustained simple injury.

5. Considering the facts and circumstances of the case and also considering the fact that the injury sustained by the victim is simple in nature, this Court is inclined to enlarge the petitioners on anticipatory bail with certain conditions:

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Usilampatti, Madurai District, on condition that the petitioners shall execute a bond for a sum of Rs.

15,000/- (Rupees Fifteen Thousand only) each 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 petitioners 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 petitioners shall report before the respondent Police, daily at 10.30 a.m., for a period of one week and thereafter, as and when required for interrogation.

investigation or trial.

[d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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/- 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.

TSG TO 1 THE JUDICIAL MAGISTRATE USILAMPATTI, MADURAI DISTRICT.

2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 4/5

3 THE INSPECTOR OF POLIE, VALANDHOOR POLICE STATION, MADURAI DISTRICT .

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.17407 of 2024 Date :09/10/2024 PSP/ VR /SAR /23.10.2024/ 5P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5