Chandhiran 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. Chandhiran,

2. Chinna Sundar @ Sundar,

3. Perumal, ... Petitioner Nos.1 to 3/ Accused Nos.1, 2 & 4

4. Ajith Kumar, ... Petitioner No.4/Accused Rank not known Vs The State of Tamilnadu, Rep. by the Inspector of Police, A. Mukkulam Police Station, Virudhunagar District.

Crime No. 130/2024..

... Respondent/Complainant For Petitioners : Mr.B.Muneeswaran, Advocate.

For Respondent : Mr.B.Thanga Aravind, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL UNDER SECTION 482 OF BNSS PRAYER :- For Anticipatory Bail in Crime No. 130 of 2024 on the file of the Respondent police.

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ORDER : The Court made the following order :- The petitioners / Accused, who apprehend arrest at the hands of the respondent Police for the offences under Sections 191(2), 191(3), 329(4), 296(b), 115(2), 118(2), 109 and 351(3) of BNS r/w. Section 4 of TNPHW Act in Crime No.130 of 2024 on the file of the respondent Police, seek anticipatory bail.

2. The case of the prosecution is that there was a dispute between the defacto complainant and Accused No.1. On the date of occurrence, there was a wordy quarrel and the accused persons are said to have gone to the house of the defacto complainant and abused him in filthy language and assaulted the defacto complainant, his wife and son with iron rod and hands. There are totally six named accused persons and five others and the petitioners have been arrayed as Accused Nos.1, 2, 4 and 5.

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 the manner in which this incident had taken place and considering the fact that there is a case and counter case pending investigation in Crime Nos.130 and 131 of 2024 before the respondent Police, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions. 2/5

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, Thiruchuli, Virudhunagar 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 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 3/5

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.

TSG TO 1 THE JUDICIAL MAGISTRATE THIRUCHULI, VIRUDHUNAGAR DISTRICT.

2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE INSPECTOR OF POLICE, A. MUKKULAM POLICE STATION, VIRUDHUNAGAR DISTRICT.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.B.MUNEESWARAN, Advocate ( SR-104[I] dated 06/01/2025 ) 4/5

ORDER

IN CRL OP(MD) No.84 of 2025 Date :06/01/2025 PSP/ SKN /SAR /22.01.2025/ 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5