Kalaiselvi v. The State Of Tamil Nadu Rep By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY CRL OP(MD). No.18164 of 2024

1. Kalaiselvi, W/o.Baskaran,

2. Saroja, W/o.Selvakannu, ... Petitioners/Rank Not Known Vs The State of Tamil Nadu, Rep By,The Inspector of Police, Jambunathapuram Police Station, Trichy District.

Crime No.142/2024.

... Respondent/Complainant For Petitioner :

Mr.K Arunraj, Advocate.

For Respondent :

Mr.A.Albert James, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.142/2024 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable (*)under Sections 74, 296(b), 115(2) and 351(2) of BNS in Crime No.142 of 2024 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that on 08.10.2024, when the defacto complainant was standing in her field, the petitioners came there, abused her in filthy language and also attacked her.

3.Heard. Perused the materials available on record including the First Information Report.

4.Considering the nature of occurrence that arose due to a land dispute, where the defacto complainant is said to have suffered a simple injury and there are no other antecedents in respect of the petitioners, I am inclined to enlarge the petitioners on anticipatory bail, with certain conditions: 5.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, Musiri, 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 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 absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 22/10/2024 (*) Amended as per order of this Hon'ble Court in CRL MP(MD).13614/2024 in CRLOP(MD).

18164/2024 Dated 12/12/2024.

Time granted for surrender is extended for a further period of one week from the date of receipt of a copy of this order. It is made clear that no further extension of time will be granted by this Court.

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

TO TO BE SUBSTITUTED WITH THE ORDER ALREADY DESPATCHED ON 20/11/2024 1 THE JUDICIAL MAGISTRATE, MUSIRI.

2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT. 3 THE INSPECTOR OF POLICE, JAMBUNATHAPURAM POLICE STATION, TRICHY DISTRICT.

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

+1 CC TO MR.K.ARUNRAJ, ADVOCATE, SR.NO.15354[I] Dated 12/12/2024 ORDER IN CRL OP(MD) No.18164 of 2024 Date :22/10/2024 MGJ/SKN (15.11.2024) 4P 6C RS/SKN (18.12.2024) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023