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  5. October

Sugasini vs. the State of Tamil Nadu

Decided on 30 October 2024• Citation: CRL OP(MD)/18949/2024• Madras High Court
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                                                              CRL OP(MD). No.18949 of 2024
               BEFORE  THE  MADURAI   BENCH  OF  MADRAS   HIGH COURT              
                                 ( Criminal Jurisdiction )                        
                                   Date : 30/10/2024                              
                                       PRESENT                                    
                 The Hon`ble Mr.Justice D.BHARATHA  CHAKRAVARTHY                  
                             CRL  OP(MD). No.18949 of 2024                        
      1. Sugasini                                                                 
      2.Ramar                                                                     
      3.Mariyaplarans                                                             
                                           ... Petitioners/Accused No.1,3& 4      
                                Vs                                                
      The State of Tamil Nadu rep by its,                                         
      The Inspector of Police,                                                    
      Kuruvikulam  Police Station,                                                
      Tenkasi District.                                                           
      Crime No.218 of 2024.                                                       
                                           ... Respondent/Complainant             
                 For Petitioners: M/s.Veerapandi.S.P,                             
                                Advocate.                                         
                 For Respondent : Mr.A.Albert James,                              
                                 Government Advocate (Crl.Side)                   
            PETITION FOR  ANTICIPATORY   BAIL Under Sec.438 of Cr.P.C             
  https://www.mhc.tn.gov.in/judis                                                 
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                                                              CRL OP(MD). No.18949 of 2024
      PRAYER   :-                                                                 
         For Anticipatory Bail in Crime No.218 of 2024 on the file of the respondent Police.
      ORDER   : The Court made the following order :-                             
        The petitioners/A1, A3 & A4, who apprehend arrest at the hands of the respondent
      police for the offences punishable under Sections 127(2), 296(b), 115(2) and 351(3) of
      BNS, in Crime No.218 of 2024, seek anticipatory bail.                       
           2.The case of the prosecution is that due to previous enmity with regard to
      fixing the pipe line, the petitioners and the other accused are said to have abused the
      defacto complainant in filthy language and attacked him with a wooden log and
      caused injuries. Hence, the complaint.                                      
           3.Heard both sides.                                                    
           4. Considering the nature of the allegations that, on account of fixing the pipe
      line, the occurrence took place, this Court is inclined to grant anticipatory bail to the
      petitioners with certain conditions.                                        
  https://www.mhc.tn.gov.in/judis                                                 
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                                                              CRL OP(MD). No.18949 of 2024
             5.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 Judicial Magistrate, Sankarankovil,
      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 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 two 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
      Court is entitled to take appropriate action against the petitioners in accordance with
  https://www.mhc.tn.gov.in/judis                                                 
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                                                              CRL OP(MD). No.18949 of 2024
      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/-                           
                                               30/10/2024                         
                     / TRUE  COPY  /                                              
                                                        /11/2024                  
                                          Sub-Assistant Registrar (CS-I / II /III/ IV)
                                          Madurai Bench of Madras High Court,     
                                                 Madurai - 625 023.               
      DSS                                                                         
      TO                                                                          
      1. THE JUDICIAL MAGISTRATE,,                                                
        SANKARANKOVIL.                                                            
      2 DO THROUGH    THE CHIEF  JUDICIAL MAGISTRATE,                             
        TENKASI.                                                                  
      3. THE INSPECTOR  OF POLICE,                                                
        KURUVIKULAM    POLICE  STATION,                                           
        TENKASI  DISTRICT.                                                        
      4. THE ADDITIONAL   PUBLIC  PROSECUTOR,                                     
        MADURAI   BENCH   OF MADRAS   HIGH  COURT, MADURAI.                       
  https://www.mhc.tn.gov.in/judis                                                 
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                                                              CRL OP(MD). No.18949 of 2024
      +1 CC to M/s.P.VEERAPANDI,  Advocate ( SR-13553[I] dated 04/11/2024 )       
                                                                         ORDER    
                                                                              IN  
                                                     CRL OP(MD)  No.18949 of 2024 
                                                                Date :30/10/2024  
      RK/VR  (21/11/2024) 5P / 6C                                                 
      Madurai Bench of Madras High Court is issuing certified copies in this format from
      17/07/2023                                                                  
  https://www.mhc.tn.gov.in/judis                                                 
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