Praveena @ Pravina 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 Praveena @ Pravina, ... Petitioner/Accused No.4 Vs The State of Tamilnadu, Rep. by the Inspector of Police, Thiruverambur Police Station, Trichy District.

Crime 466 of 2024.

... Respondent/Complainant For Petitioner : Mr.Vishnu J, Advocate.

For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No. 466 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner / Accused No.4, who was arrested and remanded to judicial 1/5

custody on 10.10.2024 for the alleged offence under Sections 191(2), 191(3), 296(b), 115(2), 324(4), 329(3), 351(3) and 303 of BNS and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002 in Crime No.466 of 2024, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the son and grandson of the defacto complainant committed murder of one Sundarraj. They were arrested and remanded to judicial custody. As a retaliation, the accused persons came to the house of the defacto complainant and abused her in filthy language and also attacked her. That apart, by using a Tractor, they caused damaged to the house and house hold articles to the tune of Rs.2,00,000/-. They also took away some gold jewels from the house. There are totally seven accused persons in this case and the petitioner has been arrayed as Accused No.4.

3.The learned counsel appearing for the petitioner submitted that the petitioner has nothing to do with the alleged offence and she has been falsely roped in this case. The learned counsel further submitted that Accused No.1, who was arrested, was granted bail by the learned Judicial Magistrate No.V, Trichy, in Crl.M.P.No.26941 of 2024, by an order dated 06.11.2024. 2/5

4.The learned Government Advocate (Criminal Side) appearing for the respondent Police submitted that it was retaliation on the part of the accused persons and as a result of which, they caused huge damage to the property. The learned Government Advocate (Criminal Side) further submitted that Accused Nos.1, 2 and 4 were arrested and other accused persons are absconding. 5.Taking into consideration the facts and circumstances of the case and also of the fact that the petitioner has suffered incarceration from 10.10.2024 and that Accused No.1 has already been granted bail by the Magistrate Court, this Court is inclined to grant bail to the petitioner subject to the following conditions: 6.Accordingly, the petitioner is ordered to be released on bail on her executing 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 learned Judicial Magistrate No.VI, Trichy District and on further conditions that:- [a] 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.

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[b] the petitioner shall appear before the respondent Police every Monday at 10.30 a.m. until further orders.

[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/- 07/11/2024 / TRUE COPY / 07/11/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE JUDICIAL MAGISTRATE NO.VI TRICHY DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3 THE INSPECTOR OF POLICE, THIRUVERUMBUR POLICE STATION, TRICHY DISTRICT.

4 THE OFFICER INCHARGE, WOMEN PRISON, GANDHI MARKET, TRICHY.

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

ORDER

IN CRL OP(MD) No.19196 of 2024 Date :07/11/2024 SS/SAR- /07/11/2024/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5