Bagavathi @ Balachandar v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20.12.2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH 1.Bagavathi @ Balachandar 2.Ayyasamy 3.Sundari @ Mangalasundari 4.Gayathiri
...Petitioners/Accused 1 to 4
Vs The State of Tamil Nadu, by the Inspector of Police, All Women Police Station, Manaparai,Trichy District.
(In Crime No.53 of 2024)
...Respondent/Complainant
For Petitioners : Mr.S.Prabha, Advocate For Respondent : Mr.A.Albert James Government Advocate (Crl.Side) For Intervenor : Mr.M.Pitchaimuthu, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.53 of 2024 on the file of the Respondent Police. 1/5
ORDER : The Court made the following order :- The petitioners/accused Nos.1 to 4, who apprehend arrest at the hands of the respondent police for the offences punishable under sections 498(A), 494, 506(i) IPC in Crime No.53 of 2024 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the first accused married the defacto complainant in the year 2022 and through that marriage there is a child aged about 1 1⁄2 years. The allegation is that the defacto complainant was treated with cruelty and the first accused during the subsistence of the first marriage married the fifth accused and there is a child through that marriage. The other accused persons are said to have acted along with A1 and helped him in the second marriage. 3.
Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent Police. 4.Taking into consideration the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to A2 to A4 and hence, this petition is dismissed insofar as the first accused is concerned.
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5.Accordingly, the petitioners 2 to 4 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, Manaparai 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 2 to 4 fail to surrender before the said Magistrate within a period of fifteen days, this order shall stand automatically cancelled. [b] the petitioners 2 to 4 shall report before the respondent police as and when required for interrogation;
[c]the petitioners 2 to 4 shall not tamper with evidence or witness either during investigation or trial;
[d]the petitioners 2 to 4 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 petitioners 2 to 4 in accordance with law as if the conditions have been imposed and the petitioners 3/5
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;
[f] if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 20/12/2024 / TRUE COPY / /01/2025 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
TA TO 1 THE JUDICIAL MAGISTRATE MANAPARAI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TIRUCHIRAPPALLI DISTRICT.
3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, MANAPARAI, TRICHY DISTRICT, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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ORDER
IN CRL OP(MD) No.22646 of 2024 Date :20/12/2024 SS/SKN/SAR- /07/01/2025/ 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5