Ponnar v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/01/2025 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH
1. Ponnar,
2. Amaravathi,
3. Panjavarnam,
4. Ponnalagu ... Petitioners/Accused Nos.1 to 4 Vs The Inspector of Police, Puthanatham Police Station, Trichy District.
Crime No.178 of 2024 ... Respondent/Complainant For Petitioners :
Mr.A.Joel Paul Antony, Advocate.
For Respondent :
Mr.A.Albert James, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.178 of 2024 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioners / Accused Nos.1 to 4, who apprehend arrest at the hands of the respondent Police for the offences under Sections 296(b), 115(2), 126(2) and 351(2) of BNS in Crime No.178 of 2024 on the file of the respondent Police, seek anticipatory bail.
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2. The case of the prosecution is that there was a pathway dispute between Accused No.1 and the defacto complainant and on the date of occurrence, the accused persons are said to have abused the defacto complainant in filthy language and threatened with dire consequences and attacked the defacto complainant and caused injuries.
3. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Criminal Side) appearing for the respondent Police.
4. Taking into consideration the facts and circumstances of the case and considering the fact that there was already a dispute between the parties and there is a case and counter case pending investigation before the respondent Police in Crime Nos.177 and 178 of 2024 and taking note of the previous cases against Accused Nos.1 to 4, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions.
5. Accordingly, the petitioners are ordered to be released on anticipatory 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, Manapparai, Trichy District 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 respondent police or the police officer who intends 2/4
to arrest or to the satisfaction of the said Magistrate, on further condition that: [a] if the petitioners fail to surrender before the said Magistrate within a period of fifteen days, this order shall stand automatically cancelled. [b] the petitioners shall report before the respondent police 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 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]; and; [f] if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.
sd/- 06/01/2025 / TRUE COPY / /01/2025 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO 1 THE JUDICIAL MAGISTRATE, MANAPPARAI, TRICHY DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.
3 THE INSPECTOR OF POLICE, PUTHANATHAM POLICE STATION, TRICHY DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.A.JOEL PAUL ANTONY, Advocate ( SR-172[I] dated 07/01/2025 )
ORDER
IN CRL OP(MD) No.41 of 2025 Date :06/01/2025 RS/GSV/SAR-(23.01.2025) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4