N.Senthil v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/12/2024 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH N.Senthil ... Petitioner/Accused 2 Vs The State of Tamilnadu, Rep by the Inspector of Police, Sivagangai Town Police Station, Sivagangai.

Crime No.702 of 2024.

... Respondent/Complainant For Petitioner : Mr.K.Sivabalan, Advocate for M/s.Aran Legal Consultancy, 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.702 of 2024 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence under Section 194(3) of BNSS, 2023 @ 108 of BNS Act, 1/5

2023 in Crime No.702 of 2024 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant is having two sons and two daughters. His younger daughter was married to one Praveen Kumar. The said Praveen Kumar (A1) is the friend of the petitioner (A2). It was informed to the defacto complainant's daughter that her husband is having an illicit relationship with another woman. The petitioner is also said to have misbehaved with the defacto complainant's daughter, which was also informed to her husband. Thereafter, he stated that his daughter was continuously harassed by the husband and the in-laws, as if, she had an illicit relationship with the petitioner. Inspite of compromise talk, the issue was not settled and ultimately, the deceased took the extreme step of consuming poison and committed suicide. In this case, there are totally two accused persons and the petitioner has been arrayed as A2. A1 has already been arrested.

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 considering the manner in which, the petitioner has been roped in this case, this Court is inclined to grant anticipatory bail to the petitioner. 2/5

5.Accordingly, this criminal original petition is ordered and the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Additional Mahila Court, Sivagangai, 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 fail to surrender before the said Magistrate within a period of fifteen days, this order shall stand automatically cancelled.

[b] 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.

[c] the petitioner shall report before the respondent police as and when required for interrogation.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial;

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[e] the petitioner 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 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]; and;

[g] if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

sd/- 06/12/2024 / TRUE COPY / /12/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM TO 1 THE JUDICIAL MAGISTRATE, ADDITIONAL MAHILA COURT, SIVAGANGAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

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3 THE INSPECTOR OF POLICE, SIVAGANGAI TOWN POLICE STATION, SIVAGANGAI.

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

+1 CC to M/s.M/S.ARAN LEGAL CONSULTANCY, Advocate ( SR-15021[I] dated 06/12/2024 )

ORDER

IN CRL OP(MD) No.21392 of 2024 Date :06/12/2024 SA/VR/SAR. /16.12.2024/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5