Ponrajeshwari v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/12/2024 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH
1. Ponrajeshwari
2. Senthil Vaira Lingam @ Senthilvairavalingam
3. Thanga Karthik @ Thangakarthi ... Petitioners/Accused no.1 to 3 Vs The State of Tamil Nadu, Rep.By, the Inspector of Police, Kenikkarai Police Station, Ramanathapuram District.
(Cr.No.372/2024).
... Respondent/Complainant For Petitioner : M/s.D.Balamurugapandi, Advocate For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL UNDER SECTION 482 OF BNSS PRAYER :- For Anticipatory Bail in Crime No.372 of 2024 on the file of the Respondent Police.
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ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence under Sections 420 and 406 of IPC in Crime No.372 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 father-inlaw of A1. A2 and A3 are the brothers of A1. A1 lost her husband and it is alleged that A1 along with A2 and A3 obtained original documents from the defacto complainant stating that they want those documents for getting transfer of patta and that they will take a copy of the same and return back the original documents. However, the original documents were not returned back. When the defacto complainant asked for the same, he was abused in filthy language and the accused persons were also attempting to sell the property.
3. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl.Side) appearing for the respondent police.
4. Taking into consideration the facts and circumstances of the case and considering the fact that there is a property dispute, this Court is inclined to grant anticipatory bail to the petitioners. Accordingly, this criminal original petition is ordered and the petitioners 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 2/5
receipt of a copy of this order, before the learned Judicial Magistrate No.I, Ramanathapuram, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two common 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 fail to surrender before the said Magistrate within a period of fifteen days, this order shall stand automatically cancelled. [b] 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. [c] the petitioners shall report before the respondent police as and when required for interrogation.
[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 petitioners 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 3/5
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 2023.
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.
LR TO 1 THE JUDICIAL MAGISTRATE NO.I, RAMANATHAPURAM.
2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.
3 THE INSPECTOR OF POLICE, KENIKKARAI POLICE STATION, RAMANATHAPURAM DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.D.BALAMURUGAPANDI, Advocate ( SR-15849[I] dated 24/12/2024 ) 4/5
ORDER
IN CRL OP(MD) No.22675 of 2024 Date :20/12/2024 PSP/ SKN /SAR /06.01.2025/ 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5