Madras High CourtCRL OP(MD)/214/2025allowed

M. Selvi v. The State Of Tamilnadu

2025-01-08Honourable Mr Justice N. Anand Venkatesh5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08.01.2025 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH M.Selvi ... Petitioner /Accused No.1 Vs The State of Tamil Nadu Represented by the Inspector of Police, Abiramam Police Station, Abiramam, Ramanathapuram District.

(Crime No.162 of 2024) ... Respondent/Complainant For Petitioner : Mr.R.Vignesh 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. 162 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 296 (b), 115(2) and 303(2) of BNS in Crime No.162 of 2024 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant and the accused persons are neighbors. There was some quarrel and the accused persons are said to have threatened the defacto complainant with dire consequences and abused in filthy language and also man handled the defacto complainant and took away the gold chain. There are totally four accused persons in this case and the petitioner is arrayed as A1.

3. Heard the learned counsel on either side and perused the material records of the case.

4. Taking into consideration the facts and circumstances of the case and considering the manner in in which the incident had taken place due to pathway dispute and also considering the fact that there is a case and counter case in Crime No.162 and 163 of 2024 pending investigation before the respondent police, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 2/5

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, Kamuthi, Ramnad 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: [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. 3/5

[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, 2023.

Sd/- 08/01/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

sma To 1 THE JUDICIAL MAGISTRATE, KAMUTHI, RAMANATHAPURAM DISTRICT.

2 DO-THROUGH- THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

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3 THE INSPECTOR OF POLICE, ABIRAMAM POLICE STATION, ABIRAMAM, RAMANATHAPURAM DISTRICT.

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

+1 CC to M/s.R.VIGNESH, Advocate ( SR-250[I] dated 08/01/2025 ) ORDER IN CRL OP(MD) No.214 of 2025 Date :08/01/2025 ES/SKN/SAR /03.02.2025/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.

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