Allowed

Nalini v. the State Rep. by

Madras HC5 Sept 2024CRL OP/20821/2024

Case brief

AI extract

What is this about?

The court granted anticipatory bail to the petitioner, who apprehended arrest under Sections 294(b), 324, and 506(ii) IPC. Considering the nature of the offence, lack of prior pending cases, and the discharge of the injured, the petitioner was ordered to execute a bond with sureties and report to police weekly.

What did the court decide?

Anticipatory bail granted subject to executing a bond of Rs. 10,000 with two sureties, reporting to police every Saturday for four weeks, and not tampering with evidence or witnesses.

Nalini Vs the State Rep. by — Anticipatory Bail | Madras HC (2024)

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Crl.O.P.No.20821 of 2024

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Crl.O.P.No.20821 of 2024

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P.DHANABAL,J.

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The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b),324 and 506(ii) of I.P.C in Crime No.336 of 2024 on the file of the respondent police, seeks anticipatory bail.

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2.The case of the prosecution is that the defacto complainant is the mother-in-law of the petitioner and there was some family dispute between

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them. This led to a quarrel between them and thereafter, the quarrel escalated into violence. Hence, this petition.

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The learned counsel for the petitioners would contend that the petitioner is a innocent and a false case has been foisted against him. He would further submit that the petitioner is no way connected with the said occurrence.

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4.The learned Government advocate(Crl.Side) would submit that the petitioner attacked the defacto complainant and caused injuries to her.

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He further submitted that there is no previous case pending against the https://www.mhc.tn.gov.in/judis 1/4

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Crl.O.P.No.20821 of 2024

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petitioner and the injured discharged from the hospital. However, he objected to grant anticipatory bail to the petitioner.

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5.Heard both side and perused the materials available on record.

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6.Considering the rival submissions on either side and considering the

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fact that there is no previous case pending against the petitioner and the injured discharged from the hospital, and considering the nature of the offence, this Court is inclined to grant anticipatory bail to the petitioner, subject to the following conditions:

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7.Accordingly, the petitioners are ordered to be released on bail in the

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event of arrest or on her appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Gudiyatham 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 learned Magistrate

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concerned and on further condition that:

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[a] he petitioner shall report before the respondent police on every Saturday at 10.30 a.m for a period of four weeks and thereafter as and when required for interrogation.

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.20821 of 2024

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[b] the petitioner shall not tamper with evidence or witness either

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during investigation or trial.

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[c] the petitioner shall not abscond either during investigation or

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trial.

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[d] 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].

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[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

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05.09.2024

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smn

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.20821 of 2024

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P.DHANABAL,J

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smn

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Crl.O.P.No.20821 of 2024

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05.09.2024

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https://www.mhc.tn.gov.in/judis

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Nalini v. the State Rep. by

Case brief

What is this about?

What did the court decide?

Nalini v. the State Rep. by

Case brief

What is this about?

What did the court decide?

What the court decided

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