Hariharan v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/11/2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Hariharan, ... Petitioner/Accused No.3 Vs The State of Tamilnadu, Rep. by the Inspector of Police, All Women Station, Lalgudi, Trichy District.
In Crime No.35/2024.
... Respondent/Complainant For Petitioner : Mr. Joel Paul Antony.A, Advocate.
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. 35 of 2024 on the file of the Respondent Police. 1/5
ORDER : The Court made the following order :- The petitioner / Accused No.3, who apprehends arrest at the hands of the respondent Police for the offence under Sections 318(2), 64 and 89 of BNS Act, 2023 in Crime No.35 of 2024 on the file of the respondent Police, seeks anticipatory bail.
2. The case of the prosecution is that Accused No.1 had relationship with the defacto complainant and had physical intercourse with her. Later, he refused to marry the defacto complainant. There are totally three accused persons in this case and the petitioner has been arrayed as Accused No.3 and he is the brother of Accused No.1.
3. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent Police.
4. Taking into consideration the facts and circumstances of the case, this court is inclined to grant anticipatory bail to the petitioner with certain conditions:
5. Accordingly, the petitioner is ordered to be released on bail in the event of 2/5
arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Lalgudi, 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 said Magistrate on further condition that: [a] if the petitioner fails to surrender before the said Magistrate within a period of fifteen days, this order shall stand automatically cancelled. [b] the petitioner shall report before the respondent police 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 3/5
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; [f] if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 11/11/2024 / TRUE COPY / /11/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
TSG TO 1 THE JUDICIAL MAGISTRATE LALGUDI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.
3 THE INSPECTOR OF POLICE, ALL WOMEN STATION, LALGUDI, TRICHY DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.A.JOEL PAUL ANTONY, Advocate ( SR-13927[I] dated 13/11/2024 ) 4/5
ORDER
IN CRL OP(MD) No.19425 of 2024 Date :11/11/2024 SS/SAR- /23/11/2024/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5