Dharmaraj v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09.01.2025 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH 1.Dharmaraj 2.Thiyagarajan : Petitioners/Accused No.1 & 2 Vs.

The State of Tamil Nadu Represented by the Inspector of Police, Thuvarankurichi Police Station, Trichy District.

(Crime No.267 of 2024) : Respondent/Complainant For Petitioners :

Mr.S.Ramesh, 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.267 of 2024 on the file of the respondent police. 1/5

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences under Sections 269 (B), 118(1) and 351(2) of BNS, in Crime No.267 of 2024 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that there was a pathway dispute between the parties. On the date of occurrence, the accused persons are said to have attacked the defacto complainant with wooden log and threatened with dire consequences and abused in filthy language.

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 which the accident had taken place and also considering the fact that there is a case and counter case pending before the respondent police in Crime No.266 of 2024 and Crime No. 267 of 2024 and also the fact that the injured has also discharged from the hospital and there are no previous cases against the petitioner, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

5. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which 2/5

the order copy made ready, before the Judicial Magistrate, Manapparai, Trichy District, on condition that the petitioners 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 petitioners 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 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 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]. 3/5

[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.

DAS To 1.The Judicial Magistrate, Manapparai, Trichy District.

2.Do through the Chief Judicial Magistrate, Trichy District.

3.The Inspector of Police, Thuvarankurichi Police Station, Trichy District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.S.RAMESH, Advocate ( SR-368[I] dated 10/01/2025 )

ORDER

IN CRL OP(MD) No.510 of 2025 Date :09/01/2025 4/5

ED/SKN /SAR- (24/01/2025) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5