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Latha v. The State of Tamilnadu

Madras HC30 Jan 2025CRL OP(MD)/1868/2025

Case brief

AI extract

What is this about?

Anticipatory bail granted; Madras High Court Madurai Bench; Justice N. Anand Venkatesh; CRL OP(MD) No.1868 of 2025; Crime No.118 of 2023; Alanganallur Police Station; Sections 294(b), 147, 323, 506(i) IPC; Sec.482 BNSS; Section 269 BNS 2023; property dispute; out-patient injury; no previous cases; Rs.10,000 bond; two sureties; Judicial Magistrate Vadipatti; P.K.Shaji vs. State of Kerala (2005) AIR SCW 5560.

What did the court decide?

Anticipatory bail granted to the petitioner (A1) in Crime No.118 of 2023, conditioned on execution of a Rs.10,000/- bond with two sureties, appearance before the Judicial Magistrate Court, Vadipatti, within fifteen days, and compliance with conditions [a]-[f] including appearance for interrogation, non-tampering and non-absconding. ¶30

Latha Vs The State of Tamilnadu — Anticipatory Bail | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether anticipatory bail should be granted to the petitioner (A1) who apprehends arrest in Crime No.118 of 2023 for offences under Sections 294(b), 147, 323 and 506(i) of IPC.

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Court's answer

Considering the property dispute between the parties, that the injured was treated only as an out-patient, and that there are no previous cases against the petitioner, the Court granted anticipatory bail to the petitioner with certain conditions.

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Ratio / Principle

The petitioner is to be released on bail in the event of arrest or on appearance within fifteen days before the learned Judicial Magistrate Court, Vadipatti, on executing a bond for Rs.10,000/- with two sureties each for a like sum, failing which the anticipatory bail petition stands dismissed, subject to further conditions including appearance before the respondent police for interrogation, non-tampering with evidence or witnesses, and non-absconding during investigation or trial.

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Key takeaways

On breach of any condition, the learned Magistrate/Trial Court may take appropriate action in accordance with law as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]; and if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.ratio¶41

Detailed headnote1 paragraphs

Anticipatory Bail - CRL OP(MD) No.1868 of 2025 (Madras High Court, Madurai Bench, N. Anand Venkatesh, J., 30.01.2025): Petitioner, arrayed as A1 among six accused in Crime No.118 of 2023 (Alanganallur Police Station) for offences under Sections 294(b), 147, 323 and 506(i) IPC arising from a property-sale dispute (sale in 2013, non-vacation of the sold property), sought pre-arrest bail under Sec.482 of BNSS Act. The Court granted anticipatory bail, noting the underlying property dispute, that the injured was treated only as an out-patient, and that there were no previous cases against the petitioner. Bail conditioned on a Rs.10,000/- bond with two sureties, appearance before the Judicial Magistrate Court, Vadipatti, within fifteen days, availability for interrogation, non-tampering with evidence/witnesses and non-absconding; breach attracts Magisterial action as per P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560], and subsequent absconding permits a fresh FIR under Section 269 of BNS, 2023.

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CRL OP(MD). No.1868 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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( Criminal Jurisdiction )

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Date : 30.01.2025

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PRESENT

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The Hon`ble Mr.Justice N.ANAND VENKATESH

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CRL OP(MD). No.1868 of 2025

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Latha

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... Petitioner / Accused No.1

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The State of Tamil Nadu Represented by the Sub-Inspector of Police, Alanganallur Police Station, Madurai District. (Crime No.118 of 2023)

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... Respondent/Complainant

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For Petitioner : Mr.M.Venkatesan, Advocate

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For Respondent : Mr.A.Albert James, Government Advocate (Criminal Side)

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PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act.

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PRAYER :-

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For Anticipatory Bail in Crime No. 118 of 2023 on the file of the respondent police.

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

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CRL OP(MD). No.1868 of 2025

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ORDER : The Court made the following order :-

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The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 294(b), 147, 323 and 506(i) of IPC, in Crime No.118 of 2023 on the file of the respondent police, seeks anticipatory bail.

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The case of the prosecution is that the petitioner sold the property in favour of the defacto complainant in the year 2013. The petitioner did not vacate the property and hence, there was a dispute. On the date of occurrence, the accused persons are said to have abused the defacto complainant in filthy language and attacked and pushed down and also threatened with dire consequences. There are totally 6 accused persons in this case and the petitioner has been arrayed as A1.

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Heard the learned counsel on either side and perused the material records of the case.

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Taking into consideration the facts and circumstances of the case and considering the fact that there was a property dispute between the parties and the injured was only treated as an out-patient and there are no previous cases against the

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

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CRL OP(MD). No.1868 of 2025

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petitioner, this Court this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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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 Court, Vadipatti, 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 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:

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[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.

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[b] the petitioner shall appear before the respondent police as and when required for interrogation.

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

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investigation or trial.

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

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CRL OP(MD). No.1868 of 2025

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[d] the petitioner shall not abscond either during investigation or trial.

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[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial

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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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[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.

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sd/30/01/2025 / TRUE COPY /

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/02/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

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PAL

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