Shoba Meenakshi v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/11/2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH
1. Shoba Meenakshi ... Petitioners/Accused No.6 in Crl.O.P(MD) No.19017 of 2024 1.Chellaperumal 2.Vijayalakshmi @ Jeyalakshmi ... Petitioners/Accused No.2 & 3 in Crl.O.P(MD) No.19014 of 2024 Vs The State of Tamil Nadu, Rep by the Inspector of Police, All Women Police Station, Oomachikulam, Madurai District.
Crime No. 11/2024.
... Respondent/Complainant in both cases For Petitioners : Mr.S. Kathiravan For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) For Intervener : Mr.G.Karuppasamy Pandian PETITIONS FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/5
COMMON PRAYER :- For Anticipatory Bail in Crime No. 11 of 2024 on the file of the respondent Police.
COMMON ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence under Sections 406, 498(A), 509, 120B IPC in Crime No.11 of 2024 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the defacto complainant was married to A1 in the year 2005. The defacto complainant is an Advocate by profession. A1 had taken house loan, which was also settled by the defacto complainant There was some misunderstanding between the parties and the defacto complainant is said to have been threatened, abused and was also treated with cruelty. That apart, her name was also spoiled in her workplace. There are totally 6 accused persons in this case and the petitioners have been arraigned as A6, A2 and A3.
3.When the matter came up for hearing on 05.11.2024, this Court considering the nature of allegations that were made by the defacto complainant and considering the fact that the petitioners are in-laws, directed the petitioners to appear before the respondent police and the respondent police was directed to enquire and to record their statement. Pursuant to the above order, petitioners 2/5
attended enquiry and each of them were enquired and the enquiry report was placed before this Court.
4.Heard the learned counsel appearing for the petitioners, the learned counsel for the intervener and the learned Government Advocate (Crl.Side) appearing for the respondent.
5.Taking into consideration of the facts and circumstances of the case and also the enquiry report dated 15.11.2024 placed before this Court, this Court is inclined to grant anticipatory bail to the petitioners. 6.Accordingly, this criminal original petition is ordered and the petitioners are ordered to be released on anticipatory bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate NO.V, Madurai, 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 said Magistrate, on further condition that: [a] if the petitioners fail to surrender before the said Magistrate within a period of fifteen days, this order shall stand automatically cancelled. [b] the petitioners and the sureties shall affix their photographs and Left 3/5
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. [c] the petitioners shall report before the respondent police as and when required for interrogation.
[d] the petitioners shall not tamper with evidence or witness either during investigation or trial;
[e] the petitioners shall not abscond either during investigation or trial; [f] 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]; and; [g] if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC. sd/- 15/11/2024 / TRUE COPY / /12/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
PNM 4/5
TO 1 THE JUDICIAL MAGISTRATE NO.V MADURAI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.
3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION OOMACHIKULAM, MADURAI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN Date :15/11/2024 SS/VR/SAR- /11/12/2024/ 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5