A.Sutha v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28.11.2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH A.Sutha ... Petitioner / Accused No.3 Vs The State of Tamil Nadu Represented by the Inspector of Police, Kadupatti Police Station, Vadippatti Taluk, Madurai District.
(Crime No.163 of 2024) ... Respondent/Complainant For Petitioner : Mr.R.Sevugaraja, Advocate For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act. PRAYER :- For Anticipatory Bail in Crime No.163 of 2024 on the file of the respondent police. 1/5
ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 296(b) and 109 of BNS, 2023, in Crime No.163 of 2024 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on 20.11.2024 at about 6.15 a.m., A1 and A2 went to the house of the defacto complainant with an aruval and knife and A1 attacked the defacto complainant with knife and the defacto complainant sustained cut injury in his left hand. Likewise, A2 attacked the son of the defacto complainant with aruval and he also sustained cut injury in his left hand. The petitioner has been arrayed as A3 and she is the wife of A1 and mother of A2. The petitioner is said to have scolded the defacto complainant and his family members in filthy language and she was also present at the scene of occurrence.
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 considering the fact that there was a property dispute between the parties and there 2/5
is case and counter case registered in Crime Nos.162 and 163 of 2024 which is pending investigation before the respondent police and considering the overt act attributed against the petitioner and also considering the fact that A1 and A2 have been arrested in this 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 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, Vadippatti, Madurai 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 petitioner 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. 3/5
[b] the petitioner shall report before the respondent police on every Monday and Friday at 10.30 a.m. for a period of 8 weeks and thereafter, as and when required. [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 269 of BNS, 2023.
sd/- 28/11/2024 / TRUE COPY / /12/2024 Sub-Assistant Registrar (CS-I / II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.
pal TO
1. THE JUDICIAL MAGISTRATE, VADIPPATTI, MADURAI DISTRICT, 4/5
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.
3. THE INSPECTOR OF POLICE, KADUPATTI POLICE STATION, VADIPPATTI TALUK, MADURAI DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.20738 of 2024 Date :28/11/2024 RK/GSV (06/12/2024) 5P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5