Madras High CourtCRL OP(MD)/19098/2024allowed

Sounthariya @ Soundharya v. The State Of Tamil Nadu

2024-11-06Honourable Mr Justice N. Anand Venkatesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06.11.2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH CRL OP(MD). No.19098 of 2024 Sounthariya @ Soundharya ... Petitioner / Accused No.2 Vs The State of Tamil Nadu Represented by the Inspector of Police, Thisayanvilai Police Station, Tirunelveli District.

(Crime No.602 of 2024) ... Respondent/Complainant For Petitioner : M/s.Suresh.P, Advocate For Respondent : Mr.Thanga Aravindh.B, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act. PRAYER :- For Anticipatory Bail in Crime No.602/2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 191(2),126(2), 296(b), 118(1), 303(2) and 351(3)

of BNS, in Crime No.602 of 2024 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the wife of A1 borrowed money of a sum of Rs.17,00,000/- and also pledged 12 sovereigns of jewels worth about Rs.3,30,000/- to the son of the defacto complainant. When the defacto complainant's son was insisting for the repayment of the amount, 20 unnamed and 2 named accused persons are said to have intercepted the vehicle and attacked the defacto complainant and obtained signatures in blank papers and also taken away the vehicle and the mobile phone of the defacto complainant's son. Hence, the case.

3. Heard the learned counsel on either side and perused the material records of the case.

4. The learned Government Advocate (Criminal Side), on instructions, submitted that the petitioner has been arrayed as A2 in this case.

5. Taking into consideration the facts and circumstances of the case and the manner in which the offence has been projected by the prosecution and also considering the fact that the petitioner is a lady and may not require a custodial interrogation, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date on which

the order copy made ready, before the learned Judicial Magistrate Court, Radhapuram, 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 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 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 every Monday and Friday at 10.30 a.m. until further orders and thereafter, as and when required for interrogation.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 06/11/2024 / TRUE COPY / /11/2024 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

pal TO

1. The Judicial Magistrate Court, Radhapuram.

2. Do through The Chief Judicial Magistrate, Tirunelveli.

3.The Inspector of Police, Thisayanvilai Police Station, Tirunelveli District.

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

+1 CC to M/s.P.Suresh, Advocate(SR-13659[I] dated 06/11/2024) CRL OP(MD) No.19098 of 2024 Date :06/11/2024 BV (14/11/2024) 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.