Prakash v. 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 Prakash ... Petitioner / A2 Vs The Inspector of Police, Papanasam Police Station, Thanjavur District, (Crime No.991 of 2024) ... Respondent/Complainant For Petitioner :

Mr.Sathyachidambaram, 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.991 2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence under Section 303(2) of BNS, in Crime No.991 of 2024 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant owned a tractor and trailer. The vehicle is said to have been taken away by the accused persons. There are totally three accused persons in this case and the petitioner has been arrayed as A2 and he is the son of A1 and A3 is the friend of A2. 1/4

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 fact that the tractor and trailer have already been seized and A1 was arrested in this case and this petitioner was added as accused based on the confession of the co-accused and taking note of the fact that there are two previous cases pending against the petitioner, 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, Papanasam, Thanjavur District, 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. 2/4

[b] the petitioner shall report before the respondent police on every Monday and Friday at 5.30 p.m. for a period of 4 weeks and thereafter, 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]. [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.

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TO 1 THE JUDICIAL MAGISTRATE, PAPANASAM, THANJAVUR DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE INSPECTOR OF POLICE, PAPANASAM POLICE STATION, THANJAVUR DISTRICT.

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

+1 CC to M/s.S.SATHYA CHIDAMBARAM, Advocate ( SR-417[I] dated 10/01/2025 )

ORDER

IN CRL OP(MD) No.437 of 2025 Date :09/01/2025 RS/SKN/SAR-(24.01.2025) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4