K Dinesh, v. The State Of Tamilnadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/01/2025 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH CRL OP(MD). No.920 of 2025 K.Dinesh S/o. Karuppaiya, 42, Arisan Veppamarath Street, Veerapandi, Theni District..

... Petitioner/Accused Rank No.1 Vs The State of Tamilnadu,, Rep. by the Inspector of Police, Veerapandi Police Station, Theni District.

Crime No.397 of 2024.

... Respondent/Complainant For Petitioner : Mr.K.Dinesh, Advocate.

For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/5

PRAYER :- C-8AB. For Anticipatory Bail in Crime No.397 of 2024 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioner/accused No.1, who apprehends arrest at the hands of the respondent police for the offences punishable under sections 296(b) and 109 of BNS Act, 2023 in Crime No.397 of 2024 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that on 20.12.2024,the defacto complainant found that his bike went missing and he questioned A2. There was a wordy quarrel between the accused persons and the defacto complainant. The defacto complainant was abused in filthy language and was attacked with aruval, as a result of which he sustained injuries in his neck.

3.The learned Additional Public Prosecutor for the respondent police submitted that there are totally two accused persons in this case and the petitioner has been arrayed as A1.

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4.Heard the learned appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent Police. 5.Taking into consideration the facts and circumstances of the case and also considering the manner in which this incident had taken place and taking note of the fact that the injured has been discharged from the hospital and there are no previous cases against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions. 6.Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Theni 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 said Magistrate, on further condition that: [a] if the petitioner fails to surrender before the said Magistrate within a period of fifteen days, this order shall stand automatically cancelled.

[b] the petitioner shall report before the respondent police every Monday and Friday at 10.30 a.m., for a period of four 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]; and; [f] if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

Sd/- 21/01/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai -625 023 ta 4/5

TO 1 THE JUDICIAL MAGISTRATE, THENI.

2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

3 THE INSPECTOR OF POLICE, VEERAPANDI POLICE STATION, THENI DISTRICT.

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

+1 CC to M/s.K.DINESH, Advocate ( SR-654[I] dated 22/01/2025 )

ORDER

IN CRL OP(MD) No.920 of 2025 Date :21/01/2025 ES/SKN/SAR /07.02.2025/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.

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