N.Sri Ponnaiyan @ Ponnaiyan v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24.01.2025 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH N.Sri Ponnaiyan @ Ponnaiyan ... Petitioner/Sole Accused Vs The State of Tamil Nadu represented by the Inspector of Police, All Women Police Station, Srirangam, Trichy City, (Crime No.24 of 2024) ... Respondent / Complainant For Petitioners : Mr.T.Leninkumar For Respondent : Mr.S.Ravi, Additional Public Prosecutor For Intervenor : Mr.K.Sivabalan, Advocate PETITION FOR BAIL Under Sec.483 of BNSS,2023. PRAYER :- For Bail in Crime No.24 of 2024 on the file of the respondent Police. 1/6
ORDER : The Court made the following order :- This Court passed the following order on 16.12.2024. The petitioner/Accused, who was arrested and remanded to judicial custody on 09.11.2024 for the offences under Sections 417, 420 IPC @ 417, 420 and 376 of IPC in Crime No.24 of 2024 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner had a love affair with the defacto complainant. Both of them had physical relationship. Later, the petitioner started avoiding the defacto complainant, which resulted in the complaint and the registration of FIR.
3. Heard the learned counsel appearing for the petitioner, the learned counsel appearing for the intervener and the learned Additional Public Prosecutor appearing for the respondent.
4.Taking into consideration the facts and circumstances of the case and also the fact that this petitioner has suffered incarceration from 09.11.2024 and also taking note of the fact that the petitioner is aged about 32 years and the defacto complainant is aged about 28 years and it is submitted that caste seems to be a only barrier for the marriage, this Court 2/6
is inclined to grant interim bail to the petitioner and refer the parties to mediation.
5. Accordingly, the petitioner is ordered to be released on bail on executing 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 learned Judicial Magistrate, Additional Mahila Court, Tiruchirappalli, and on further conditions that:- [a] 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;
[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 3/6
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 Act.
6.The petitioner and the defacto complainant shall appear before the Mediation Centre attached to this Bench on 19.12.2024 at 03.00 p.m.. The process of mediation shall commence immediately and the mediation report shall be filed before the next date of hearing. 7.Post the matter on 23.01.2025.
2. The parties were referred to mediation centre and the parties were not able to come to a settlement. Both the parties are making allegations against each other. It is not necessary for the Court to go into all those allegations and deal with the same on merits. It will be expedient to direct the respondent police to complete the investigation as expeditiously as possible.
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3. Accordingly, the interim bail granted by this Court on 16.12.2024 is hereby made absolute.
sd/- 24/01/2025 / TRUE COPY / 24/01/2025 Sub-Assistant Registrar (AE) Madurai Bench of Madras High Court, Madurai - 625 023.
SMA To 1.The Judicial Magistrate, Additional Mahila Court, Tiruchirappalli.
2.Do through the Chief Judicial Magistrate, Tiruchirappalli District.
3.The Inspector of Police, All Women Police Station, Srirangem, Trichy City.
4.The Superintendent, Central Prison, Trichy.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.T.LENIN KUMAR, Advocate ( SR-787[I] dated 24/01/2025 ) 5/6
ORDER
IN CRL OP(MD) No.22062 of 2024 Date :24/01/2025 RK (24/01/2025) 6P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6