Jegan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08.01.2025 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Jegan ... Petitioner / Accused No.11 Vs The State of Tamil Nadu Represented by the Inspector of Police, Rajakkamangalam Police Station, Kanyakumari District (Crime No.410 of 2024) ... Respondent/Complainant For Petitioner : Mr.P.Saravanakumar, Advocate For Respondent : Mr.Thanga Aravindh Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act. PRAYER :- For Anticipatory Bail in Crime No. 410 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 115(2), 118(1), 126(2), 191(2), 191(3), 296(b) and 351(3) of BNS, 2023 in Crime No.410 of 2024 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that there was a dispute between the accused persons and the defacto complainant with regard to performance of pooja in the village Temple. While so, on 15.12.2024, at about 06.00 pm, the petitioner and others waylaid the defacto complainant and his friends, abused them using filthy language, attacked them and threatened them with dire consequences and caused injury. There are totally 20 accused in this case and the petitioner has been arrayed as A11. A12, A14, A16, A18 to A20 were granted anticipatory bail by this Court.

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 nature of allegations made against the petitioner and considering the 2/5

fact that similarly placed accused persons have been granted anticipatory 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.I, Nagercoil, Kanyakumari 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.

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[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]. [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.

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TO 1 THE JUDICIAL MAGISTRATE NO.I NAGERCOIL, KANYAKUMARI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANNIYAKUMAR DISTRICT AT NAGERCOIL.

3 THE INSPECTOR OF POLICE, RAJAKKAMANGALAM POLICE STATION, KANYAKUMARI DISTRICT.

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

+1 CC to M/s.P.KALAIYARASI BHARATHI, Advocate ( SR-282[I] dated 09/01/2025 )

ORDER

IN CRL OP(MD) No.328 of 2025 Date :08/01/2025 SS/SKN/SAR- /03/02/2025/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5