T.Jagatheeswaran v. State Rep. By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19-12-2024
CORAM
THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA T.Jagatheeswaran S/o.Thirumalaisamy, No. 1/55, Makaliamman kovil Street, Poochanari, Ambarampalayam, Pollachi, Coimbatore District. and another Petitioner(s) Vs State Rep. By The Inspector Of Police, Udumalpet Police Station, Tiruppur District.
(crime No.811 Of 2024) Respondent(s) For Petitioner(s):
sasikumar R R.Sasikumar M.D.Ilayaraja V.Manimaran A.Tamilselvan B.Sasikala For Respondent(s): Mr.S.Santhosh, Govt.Adv. (Crl.Side) Public Prosecutor
ORDER
Apprehending arrest in connection with Crime No.811 of 2024 registered for the offences punishable under Sections 296(b), 115(2), 118(1) and 351(1) of BNSS, the present petition has been filed seeking anticipatory Page No.1 of 5
bail.
2. The case of the prosecution is that there was wordy quarrel between the petitioners and the defacto complainant. The petitioners have abused filthy language and assaulted the defacto complainant with stones, hands and threatened with dire consequences. Hence the complaint.
3. Pleading innocence on the part of the petitioners, false implication in the case, learned counsel for the petitioners seeks indulgence of this Court. He further submits that there was family dispute between the petitioners and the de-facto complainant and a false complaint is given. He would further submits that the petitioners are ready to abide by any stringent condition that may be imposed by this court.
4. The case of the prosecution, as put forth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of bail, is that the injured has been discharged from the hospital. He further submits that there is no previous case pending against the petitioners.
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5. Having heard the learned counsel for the petitioners 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 petitioners with certain conditions and accordingly, he 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 of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Udumalpet, on condition that the petitioners 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 said Magistrate, on further condition that: [a] if the petitioners fails to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled;
[b] 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;
[c] the petitioners shall report before the respondent Police everyday at 06.30 p.m until further orders; Page No.3 of 5
[d] the petitioners shall not tamper with evidence or witness either during investigation or trial; [e] the petitioners shall not abscond either during investigation or trial;
[f] 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 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];
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
19-12-2024 MSM To
1. State Rep. By The Inspector Of Police, Udumalpet Police Station, Tiruppur District. (crime No.811 Of 2024) 2, The Public Prosecutor, High Court of Madras. Page No.4 of 5
A.D.JAGADISH CHANDIRA , J.
MSM Crl.O.P.No.31624 of 2024 19.12.2024 Page No.5 of 5