Thiyagarajan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22.11.2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH 1.Thiyagarajan 2.Saraswathi 3.Uma ... Petitioners/Accused Nos.1 to 3 Vs 1 The Inspector of Police, Vathalagundu Police Station, Dindigul District.

(Crime No.446 of 2024) ... Respondent/Complainant (*)2. Ilakkiya ... 2nd Respondent (*)(R2 is suo motu impleaded as per order of the Court dated 23.10.2024 in Crl.OP(MD).No.18192 of 2024 by DBCJ) For Petitioners :

Mr.A.Sivasubramanian, Advocate For R1 :

Mr.A.Albert James, Government Advocate (Criminal Side) For R2 :

Ms.P.Sepana @ Sree, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act. PRAYER :- For Anticipatory Bail in Crime No. 446 of 2024 on the file of the respondent 1/4

police.

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences under Sections 296(b), 115(2), 118(1) and 351(2) of BNS Act and Section 4 of Tamil Nadu Prohibition of Harassment of Woman Act, in Crime No.446 of 2024 on the file of the respondent police, seek anticipatory bail.

2. All parties were referred to the Mediation Centre and the parties were able to reach a settlement through settlement agreement dated 20.11.2024. The mediation report has also been submitted in this regard.

3. In the light of the above settlement between the parties, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

4. 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, Nilakottai, on condition that the petitioners shall execute own bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) 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:

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[a] the petitioners shall affix their photographs and Left Thumb Impression in the bond and the Magistrate may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity.

[b] the petitioners shall appear before the respondent Police 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 269 of BNS, 2023. IPC.

sd/- 22/11/2024 / TRUE COPY / /12/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE JUDICIAL MAGISTRATE, NILAKOTTAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT. 3 THE INSPECTOR OF PLOICE, VATHALAGUNDU POLICE STATION, DINDIGUL DISTRICT.

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

ORDER

IN CRL OP(MD) No.18192 of 2024 Date :22/11/2024 RS/VR/SAR-(03.12.2024) 4P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4