Lakshmi v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Lakshmi, ... Petitioner/Accused No.2 Vs The State of Tamil Nadu, Rep by the Inspector of Police, Thuvarakurichi Police Station, Trichirappalli District.

(Crime No. 188/2024.) ... Respondent/Complainant For Petitioner : M/s Kathiravan.K.S, 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. 188 of 2024 on the file of the respondent Police.

1/5

ORDER : The Court made the following order :- The petitioner/A2, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 118(1) and 351(3) of BNS, 2023, in Cr.No.188 of 2024, seeks anticipatory bail.

2.The case of the prosecution is that due to previous motive, the petitioner and the other accused are said to have abused the defacto complainant in filthy language and attacked him with wooden log and caused injuries. Hence, the complaint. 3.Heard both sides.

4.Considering the nature of the allegations against the petitioner that the petitioner being the second wife of the first accused and only because the defacto complainant had helped the first wife in selling her property, this petitioner along with the other accused are said to have attacked the defacto complainant with wooden log and considering the fact that the injured was discharged from the hospital and that the petitioner does not have any other antecedent, this Court is 2/5

inclined to grant anticipatory bail to the petitioner with certain conditions. 5.Accordingly, 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, Manapparai, on condition that the petitioner shall execute a bond for a sum of Rs.

10,000/-(Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further conditions that: (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 a.

3/5

(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; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 24/10/2024 / TRUE COPY / /11 /2024 Sub-Assistant Registrar ( CS-I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS 4/5

TO

1. The Judicial Magistrate, Manapparai.

2.Do-Through, The Chief Judicial Magistrate, Manapparai..

3.The Inspector of Police, Thuvarakurichi Police Station, Trichirappalli District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.K.S.KATHIRAVAN, Advocate ( SR-13096[I] dated 24/10/2024 )

ORDER

IN CRL OP(MD) No.18347 of 2024 Date : 24/10/2024 SI -(26.11.2024) 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5