CRL OP(MD) No.3167 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Criminal Jurisdiction )
Thursday, the Twenty Ninth day of February Two Thousand and Twenty Four
PRESENT
The Hon`ble Mr.Justice M.DHANDAPANI
CRL OP(MD) No.3167 of 2024
1 SIVARANJANI
nd rd
2 CHINNATHAMBI ... PETITIONER / 2 & 3 ACCUSED
Vs
THE INSPECTOR OF POLICE
MELAVALVU POLICE STATION,
MADURAI DISTRICT.
CRIME NO.38 OF 2024. ... RESPONDENT / COMPLAINANT
For Petitioner : Mr.K.R.BADURUS ZAMAN Advocate
For Respondent : Mr.S.MANIKANDAN, Govt. Advocate ( Crl. Side)
PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.
PRAYER:
FOR ANTICIPATORY BAIL IN CRIME NO.38 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 offence under Sections 294(b), 323, 355, 427 and 506(i) IPC r/w. Section
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CRL OP(MD) No.3167 of 2024
4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No.38 of
2024, seek anticipatory bail.
2. The case of the prosecution is that there was a family dispute between the
petitioners and the defacto complainant, due to which, the petitioners and the first
accused abused the defacto complainant in filthy language and attacked her. Hence,
the complaint.
3. The learned counsel appearing for the petitioners would submit that the
petitioners did not commit any offence as alleged by the prosecution and they have
been falsely implicated in this case.
4. The learned Government Advocate (Crl.side) appearing for the respondent
Police submitted that the injured was discharged from the hospital.
5. Considering the facts and circumstances of the case and the fact that the
injured was discharged from the hospital, this Court is inclined to grant anticipatory
bail to the petitioners.
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CRL OP(MD) No.3167 of 2024
6.Accordingly, the petitioners are granted anticipatory bail and they 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 of receipt of a copy of this order, before the
learned Judicial Magistrate, Melur, Madurai District, on condition that the
petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand
Only) each, 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 learned Magistrate concerned and on further condition that:
(a)if the petitioners failed to surrender before the concerned Magistrate within a
period of 15 days from the date of receipt of a copy of this order, this order shall
stand automatically cancelled;
(b)the sureties shall affix their photographs and left thumb impression in the
surety bond and the Court concerned 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;
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CRL OP(MD) No.3167 of 2024
(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
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 229-A IPC;
sd/-
29/02/2024
/ TRUE COPY /
/03/2024
Sub-Assistant Registrar
( C.S. I / II / III / IV )
Madurai Bench of Madras High Court,
Madurai - 625 023.
SSB
TO
1 THE JUDICIAL MAGISTRATE, MELUR,
MADURAI DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE,
MADURAI DISTRICT.
3 THE INSPECTOR OF POLICE
MELAVALVU POLICE STATION,
MADURAI DISTRICT.
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CRL OP(MD) No.3167 of 2024
4 THE ADDITIONAL PUBLIC PROSECUTOR,
MADURAI BENCH OF MADRAS HIGH COURT,
MADURAI.
+ 1 CC TO Mr.K.R.BADURUS ZAMAN Advocate IN SR No.8378 dated 29/02/2024
(F)
ORDER
IN
CRL OP(MD) No.3167 of 2024
Date :29/02/2024
SA/GS/SAR. /07.03.2024/5P/6C
Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.
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