Arunkumar @ Padaiyappa v. State Of Tamilnadu, Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.12.2024
CORAM
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA D. Arunkumar @ Padaiyappa ... Petitioner Vs.
The State represented by, The Inspector of Police, Jolarpet Police Station, Thirupathur District.
(Crime No.576 of 2024).
... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on anticipatory bail in the event of his arrest by the respondent police concerned in Crime No.576 of 2024, on the file of the respondent police. For Petitioner :
Mr.P.Arumugavel For Respondent :
Mr.S.Santhosh Government Advocate (Crl.Side) Page No.1 of 5
O R D E R
Apprehending arrest in connection with Crime No.576 of 2024 registered for the offences punishable under Sections 296 (b), 126, 115(2), 118 (1), 351 (2) of BNS, the present petition has been filed seeking anticipatory bail.
2.Pleading innocence on the part of the petitioner, false implication in the case, learned counsel for the petitioner seeks indulgence of this Court. Learned counsel for the petitioner would submit that the petitioner is an innocent and she has been falsely implicated in this case. He also submits that the petitioner has no previous case against him. He also submits that the petitioner is ready to abide by any stringent condition that may be imposed by this Court.
3.The case of the prosecution as putforth by the learned Government Advocate (Crl. Side) appearing for the respondent Police, opposing for grant of anticipatory bail, is that the defacto complainant is a Musician of Kerala Melam. On 08.09.2024, the defacto complainant along with his team went Page No.2 of 5
to a marriage function to beat the Kerala Melam, as per booking order they have played Melam. While so, the petitioner along one Kuthiriyan forced them to play the Melam for another one hour, due to which, there arose a wordy quarrel between the petitioner and the defacto complainant. As a result of which, the petitioner attacked the defacto complainant and caused injuries to him. He further submits that the injured has been discharged from the hospital. He also submits that there is no previous cases pending against the petitioner.
4.Having heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent Police and perused the materials available on record, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions and accordingly, the petitioner is 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 No.I, Tirupathur 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 Page No.3 of 5
of the respondent Police or the Police officer who intends to arrest or to the satisfaction of the said Magistrate, on further condition that: [a] if the petitioner fail to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled;
[b] the petitioner shall report before the respondent Police daily at 10.30 a.m for a period of two weeks and thereafter on every Saturday at 10.30 a.m., until further orders. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial; [d] the petitioner 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 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];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
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A.D.JAGADISH CHANDIRA , J.
av 09.12.2024 Page No.5 of 5