Vijaya @Vijayalakshmi v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/11/2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH

1. Vijaya @vijayalakshmi

2. Mariappan ... Petitioners/Accused No.2 & 3 Vs The State of Tamilnadu, Rep. by the Inspector of Police, Thoothukudi Central Police Station, Thoothukudi Istrict.

Crime No. 224/2024.

... Respondent/Complainant For Petitioners : Mr.G Sailendrababu For Respondent : Mr.A.Albert James, Government Advocate (Crl.Side) For Intervenor : G.Radhakrishnan PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No. 224 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 offences under Sections 191(2), 191(3), 49, 296(b),115(2), 351(3) of BNS and under Section 3(1) of Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992 and under Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 in Crime No.224 of 2024 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on 01.10.2024, the injured was threatened and verbally abused and also was attacked by the accused person. There are totally 8 named accused persons in this case and the petitioners have been arrayed as A2, A3. Hence, the case.

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

4.Taking into consideration of the facts and circumstances of the case and the fact that injured has already been discharged from the hospital and also 2/5

considering the fact that A5 has already been enlarged on anticipatory bail by this Court in Crl.O.P(MD) No.19303 of 2024, dated 08.11.2024 and there are no previous cases pending against the petitioners, this Court is inclined to grant to grant anticipatory bail to the petitioners.

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 No.II, Thoothukudi, 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.

3/5

[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 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/- 15/11/2024 / TRUE COPY / / 11 /2024 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM 4/5

TO

1. The Judicial Magistrate No.II, Thoothukudi.

2. Do-Through The Chief Judicial Magistrate, Tuticorin District.

3. The Inspector of Police, Thoothukudi Central Police Station, Thoothukudi Istrict.

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

ORDER

IN CRL OP(MD) No.19828 of 2024 Date :15/11/2024 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