Sudha v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY
1. Sudha,
2. Suganya, ... Petitioners/Accused (Rank Not Known) Vs The State of Tamil Nadu, Rep by the Inspector of Police, K. Pudur Police Station, Madurai City.
Crime No.449 of 2024.
... Respondent/Complainant For Petitioners : Mr.Lenin Kumar.T, Advocate.
For Respondent : Mr.A.Albert James, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL UNDER SECTION 482 OF BNSS PRAYER :- For Anticipatory Bail in Crime No.449 of 2024 on the file of the respondent Police.
ORDER : The Court made the following order :- The petitioners/Accused Rank not known, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296, 115(2) of BNS, 1/5
2023 and Section 4 of the TNPHW Act in Crime No.449 of 2024 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that on 01.10.2024, due to wordy quarrel that arose between the petitioners and the defacto complainant, the petitioners abused the defacto complainant by using filthy language, assaulted and threatened her with dire consequences. Hence, the complaint.
3. Heard. Perused the materials available on record including the First Information Report.
4. Learned counsel appearing for the petitioners would submit that the petitioners did not commit any offence as alleged by the prosecution. He would further submit that the petitioners are ready to abide by any conditions imposed by this Court. Hence, he seeks for anticipatory bail.
5. Learned Government Advocate (Criminal Side) appearing for the respondent Police would submit that due to wordy quarrel arose between the petitioners and the defacto complainant, the petitioners attacked the defacto complainant. He would further submit that the injured has been discharged fro the hospital.
6. Considering the nature of dispute between the parties and considering the fact that the injured has been discharged from the hospital, I am inclined to enlarge the petitioners on anticipatory bail with certain conditions: 2/5
7. 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 No.VI, Madurai District, on condition that the petitioners shall execute a bond for a sum of Rs.
10,000/- (Rupees Ten 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 two weeks and thereafter, as and when required for interrogation. (C) the petitioners shall not tamper with evidence or witness either during 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 3/5
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/- 17/10/2024 / TRUE COPY / / 11 /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 NO.VI, MADRUAI.
2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADRUAI.
3 THE INSPECTOR OF POLICE, K. PUDUR POLICE STATION, MADURAI CITY.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S. LENIN KUMAR.T Advocate SR.No.12691(I) dated 18/10/2024 4/5
ORDER
IN CRL OP(MD) No.17603 of 2024 Date :17/10/2024 PSP/ VR /SAR /21.11.2024/ 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5