P Kannadasan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05.12.2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH P.Kannadasan ... Petitioner / A1 Vs The State of Tamil Nadu Represented by the Inspector of Police, All Women Police Station, Thiruverambur, Trichy District (Crime No.24 of 2023) ... Respondent/Complainant For Petitioner : Mr.M.Ram Kumar, Advocate For Respondent : Mr.A.Albert James, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act. PRAYER :- For Anticipatory Bail in Crime No.24 of 2023 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 498(A), 494, 294(b), 120B, 306, 323, 420 and 506(2) of IPC read with Section 4 of TN Prohibition of Harassment of Women Act, 2002 in Crime No.24 of 2023 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the de-facto complainant is the wife of the petitioner. She married the petitioner on 30.01.2002. Out of the marriage, there is a male child. The de-facto complainant had earlier married one Krishnamoorthi and after his demise, she married A1. The complaint was that she was treated with cruelty. Based on the complaint, a First Information Report was registered as against the petitioner, his second wife, his brother and mother.

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 2/5

considering the fact that the dispute is going on from the year 2002 and the First Information Report itself came to be registered pursuant to the order passed by the Court, and considering the fact that A2 to A4 have already been enlarged on anticipatory bail by this Court, 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 Additional Mahila Court, Trichy, 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. [b] the petitioner shall report before the respondent police as and when required for interrogation.

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[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/- 05/12/2024 / TRUE COPY / /12/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE ADDITIONAL MAHILA JUDGE, TRICHY.

2 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THIUVERAMBUR, TRICHY DISTRICT.

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

ORDER

IN CRL OP(MD) No.21294 of 2024 Date :05/12/2024 SS/GSV/SAR- /11/12/2024/ 5P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5