Jegatheeshkumar v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09.01.2025 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Jegatheesh Kumar ... Petitioner / A6 Vs The State of Tamil Nadu Represented by the Inspector of Police, Karur Town Police Station, Karur District.
(Crime No.965 of 2024) ... Respondent/Complainant For Petitioner : Mr.B.Santhanam Rajesh Kumar, Advocate For Respondent : Mr.A.Albert James, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act. PRAYER :- For Anticipatory Bail in Crime No. 965 of 2024 on the file of the respondent police. 1/5
ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 191(2), 191(3), 296(b), 140(2), 127(2), 115(2) and 118(1) of BNS 2023, in Crime No.965 of 2024 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the defacto complainant was doing real estate business and was also involved in buying and selling of Iridium. On 23.12.2024 when he came to Karur, A1 informed him that he is having iridium and believing his words, he travelled along with A1 and at that point of time, the other accused persons joined and kidnapped the defacto complainant and abused him in filthy language and attacked him with hands. They managed to extort a sum of Rs.5,50,000/- and this amount was transferred to the account of three accused persons. There are totally six accused persons in this case and the petitioner has been arrayed as A2. A4 and A5 were arrested in this case and later released on bail.
3. Heard the learned counsel on either side and perused the material records of the case.
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4. Taking into consideration the facts and circumstances of the case and considering the nature of allegation made in this case and taking note of the defense raised by the petitioner to the effect that A1 and the defacto complainant were actually doing the business together and there was some misunderstanding between them which resulted in the lodging of complaint and also considering the fact that there are no previous cases against the petitioner and taking note of the fact that A4 and A5 were arrested and later enlarged on bail, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
5. 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 No.1, Karur, 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: 3/5
[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. [b] the petitioner shall report before the respondent police as and when required for interrogation.
[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]. 4/5
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.
sd/- 09/01/2025 / TRUE COPY / /01/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.
PKN TO 1 THE JUDICIAL MAGISTRATE NO.I KARUR.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KARUR.
3 THE INSPECTOR OF POLICE, KARUR TOWN POLICE STATION, KARUR DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.95 of 2025 Date :09/01/2025 SS/SKN/SAR- /30/01/2025/ 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5