Rajalakshmi 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.P.Rajalakshmi 2.R.Karuppaiah 3.Muneeswaran ... Petitioners / Accused 1 to 3 Vs The State of Tamil Nadu Represented by the Inspector of Police, Jagadapattinam Police Station, Pudukkottai District.
(Crime No.106 of 2024) ... Respondent/Complainant For Petitioners: Mr.G.R.Satish, Advocate For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act. 1/5
PRAYER :- For Anticipatory Bail in Crime No. 106 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 offences under Sections 296(b), 115(2), 118(1) and 351(3) of the BNS, 2023, in Crime No.106 of 2024 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the defacto complainant is the husband and there was some dispute between the defacto complainant and his wife. In view of the same, the 1st petitioner, who is the wife of the defacto complainant, 2nd petitioner, who is the brother of the 1st petitioner and 3rd petitioner, who is the sister's son of the 1st petitioner, are said to have quarreled with the defacto complainant and abused him in filthy language and assaulted him and threatened him with dire consequences.
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 nature of dispute between the parties and taking note of the fact that the injured is still taking treatment, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
5. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate Court, Manamelkudi, Pudukkottai District, on condition that the petitioners 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 petitioners 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 1st petitioner shall appear before the respondent police as and when required.
[c] the 2nd and 3rd petitioners shall report before the respondent police on every 3/5
Friday at 10.30 a.m. for a period of 4 weeks and thereafter, as and when required. [d] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[e] the petitioners 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 petitioners 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023. IPC.
sd/- 20/12/2024 / TRUE COPY / /01/2025 Sub-Assistant Registrar (CS-I / II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.
pal TO
1. THE JUDICIAL MAGISTRATE, MANAMELKUDI, PUDUKKOTTAI DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI.
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3. THE INSPECTOR OF POLICE, JAGADAPATTINAM POLICE STATION, PUDUKKOTTAI DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.G.R.SATHISH, Advocate ( SR-15731[I] dated 20/12/2024 )
ORDER
IN CRL OP(MD) No.22657 of 2024 Date :20/12/2024 RK/GSV(06/01/2025) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5