Shaik Allaudeen v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07.11.2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH 1.Shaik Allaudeen 2.Sirajudeen 3.Jafar Sharif @ Jafar Ali ... Petitioners /Accused 1, 3 & 4 Vs The State of Tamil Nadu Represented by the Inspector of Police, Govt. Hospital Police Station, Trichy District.

(Crime No.654 of 2024) ... Respondent/Complainant For Petitioners: M/s.Sathya Chidambaram.S, Advocate For Respondent : Mr.A.Albert James, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act. PRAYER :- For Anticipatory Bail in Crime No.654/2024 on the file of the respondent police.

1/5

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 191(2), 296(b), 115(2), 118(2), 324(4) and 351(2) of BNS 2023 and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No.654 of 2024 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that there was a civil dispute between the parties and the accused persons entered into the house of the defacto complainant and threatened her and abused her in filthy language and also attacked her, as a result of which, she sustained injuries. There are totally 5 accused persons in this case and the petitioners have been arrayed as A1, A3 and A4.

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

4. Taking into consideration the facts and circumstances of the case and also the fact that there was a previous dispute between the parties and the injured has already been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners 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 2/5

the order copy made ready, before the learned Additional Mahila Court, Magistrate Level, Trichy District, 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 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 appear 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 petitioner 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]. 3/5

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

sd/- 07/11/2024 / TRUE COPY / /11/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

PAL TO 1 THE ADDITIONAL MAHILA JUDGE, MAGISTRATE LEVEL, TRICHY DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3 THE INSPECTOR OF POLICE, GOVERNMENT HOSPITAL POLICE STATION, TRICHY DISTRICT.

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

+1 CC to M/s.S.SATHYA CHIDAMBARAM, Advocate ( SR-13803[I] dated 11/11/2024 ) 4/5

ORDER

IN CRL OP(MD) No.19208 of 2024 Date :07/11/2024 SA/SAR. /25.11.2024/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5