CRL OP(MD). No.12243 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Criminal Jurisdiction )
Date : 31/07/2024
PRESENT
The Hon`ble Mr.Justice A.A.NAKKIRAN
CRL OP(MD). No.12243 of 2024
1. Sirajudeen
2. Dawood Beevi ... Petitioners/Accused No.2 & 3
Vs
The Inspector of Police,
Natham Police Station,
Dindigul District.
Crime No.407/2024.. ... Respondent/Complainant
For Petitioner : M/s.Silambarasan.G,
Advocate.
For Respondent : Mr.K.Sanjai Gandhi,
Government Advocate (Crl.Side)
PETITION FOR ANTICIPATORY BAIL Under Sec.482 BNS / 438 of Cr.P.C
PRAYER :-
For Anticipatory Bail in Crime no.407 of 2024 on the file of the Respondent Police.
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CRL OP(MD). No.12243 of 2024
ORDER : The Court made the following order :-
The petitioners/Accused, who apprehend arrest at the hands of the respondent
police for the offences punishable under Sections 296(b), 115(2), 351(2) of BNS 2023,
and and 4 of Tamil Nadu Prohibition of Women Harassment Act, 1998 in Crime
No.407 of 2024, seek anticipatory bail.
2.The case of the prosecution is that due to family dispute, the petitioners herein
have attacked the defacto complainant and also abused him in filthy language. Hence
the complaint.
3.The learned counsel for the petitioners would submit that the petitioners are
innocents and they have not committed any offence as alleged by the prosecution.
4.The learned Government Advocate(Crl.Side) would submit that there was a
property dispute between the parties and there is no previous case pending against
the petitioners.
5.Considering the facts and circumstances of the case and also considering the
fact that there is no previous case pending against the petitioners, this Court is
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CRL OP(MD). No.12243 of 2024
inclined to grant anticipatory bail to the petitioners with certain conditions.
6.Accordingly, the petitioners are ordered to be released on bail in the event of their
arrest or their appearance, within a period of fifteen days from the date of receipt of a
copy of this order, before the learned District Munsif – cum - Judicial Magistrate,
Natham, Dindigul District 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 to the Police Officer, who intends
to arrest or to the satisfaction of the learned Magistrate concerned and on further
conditions 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 petitioners shall report before the respondent police daily at 10.30 am for
a period of three weeks and thereafter, as and when required for interrogation.
(c)the petitioners shall not tamper with evidence or witness either during
investigation or trial;
(d)the petitioners shall not abscond either during investigation or trial;
(e)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial
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CRL OP(MD). No.12243 of 2024
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;
(f)if the accused thereafter abscond, a fresh FIR can be registered under Section
229-A IPC.
sd/-
31/07/2024
/ TRUE COPY /
/08/2024
Sub-Assistant Registrar (CS-I/ II / III/ IV )
Madurai Bench of Madras High Court,
Madurai - 625 023.
TRP
TO
1. THE DISTRICT MUNSIF – CUM - JUDICIAL MAGISTRATE,
NATHAM, DINDIGUL DISTRICT
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE,
DINDIGUL.
3.THE INSPECTOR OF POLICE,
NATHAM POLICE STATION,
DINDIGUL DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR,
MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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CRL OP(MD). No.12243 of 2024
+1 CC to M/s.G.SILAMBARASAN, Advocate ( SR-9050[I] dated 31/07/2024 )
ORDER
IN
CRL OP(MD) No.12243 of 2024
Date :31/07/2024
RK/VR (08/08/2024) 5P / 6C
Madurai Bench of Madras High Court is issuing certified copies in this format from
17/07/2023
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