Suvendran v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/12/2024 PRESENT The HONOURABLE MR. JUSTICE P. DHANABAL Suvendran, ... Petitioner/Accused No.1 Vs The State of Tamilnadu, Rep by the Inspector of Police, All Women Police Station, Melur, Madurai District.
Crime No.37 of 2024..
... Respondent/Complainant For Petitioner : M/s. Subramanian A, Advocate.
For Respondent : Mr.M.Vaikkam Karunanithi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.37 of 2024 on the file of the respondent Police.
ORDER : The Court made the following order :- The petitioner/accused who apprehends arrest at the hands of the respondent 1/5
police for the offences punishable under sections 61, 85 and 316 BNS and Section 4 of TNPHW Act and Section 4 of DPACE Act, in Crime No. 37 of 2024 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution as per the de-facto complainant is that the petitioner and the defacto complainant are the husband and wife and their marriage was solemnized on 07.06.2015. The petitioner without the knowledge of the defacto complainant took some jewels of the defacto complainant and thereafter, did not return the same. Hence, the case.
3. The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and a false case has been foisted against him. Hence, he prayed this Court to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl. Side) submits that the petitioner and the defacto complainant are the husband and wife and their marriage was solemnized on 07.06.2015. The petitioner without the knowledge of the defacto complainant took some jewels of the defacto complainant and thereafter, did not 2/5
return the same. He fairly submits that no previous criminal case is pending against the petitioner. However, he strongly opposed to grant anticipatory bail to the petitioner.
5. Heard. Perused the materials available on record including the First Information Report.
6.Considering the rival submissions on either side, taking into consideration of the facts and circumstances of the case and also considering the relationship between the parties and there is a family dispute between the petitioner and the defacto complainant and also considering the fact that for the occurrence that had taken place in the year 2015, the case has been registered in the year 2024, this court is inclined to grant anticipatory bail to the petitioner , with certain conditions:
7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned judicial Magistrate, Melur, 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 3/5
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 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. [b] the petitioner shall report before the respondent Police, daily at 10.30 a.m., for a period of four weeks and thereafter, 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 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]. 4/5
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 27/12/2024 / 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 MELUR.
2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, MELUR, MADURAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.23110 of 2024 Date :27/12/2024 SS/SKN/SAR- /03/01/2025/ 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5