Meenakshi Sundaram v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/11/2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH

1. Meenakshi Sundaram

2. Deepak ... Petitioners/ Accused Rank Not Known Vs The State of Tamil Nadu, Rep by the Inspector of Police, Mandala Manickam Police Station, Ramanathapuram District.

Crime No.64 of 2024.

... Respondent/Complainant For Petitioners : Mr. C. Senthil Murugan, 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. 64 of 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 offence under Sections 296(b), 132, 351(2) of BNS Act in Crime No.64 of 2024 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioners had threatened the defacto complainant, who was a Head Constable of the respondent Police Station on 31.10.2024, when he questioned the conduct of the petitioners regarding a quarrel that took place during Diwali festival.

3.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent. 4.Taking into consideration of the facts and circumstances of the case and the nature of allegations made against the petitioners and also considering the fact that there are no previous cases pending against the petitioners, this Court is inclined to grant to grant anticipatory bail to the petitioners. 2/5

5.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, Kamuthi, 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 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 3/5

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 229-A IPC.

sd/- 08/11/2024 / TRUE COPY / /11 /2024 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM TO

1. The Judicial Magistrate, Kamuthi.

2. -do through The Chief Judicial Magistrate, Ramanathapuram District. 4/5

3. The Inspector of Police, Mandala Manickam Police Station, Ramanathapuram District.

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

ORDER

IN CRL OP(MD) No.19244 of 2024 Date :08/11/2024 RD(25/11/2024) 5 P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 5/5