Esakku, v. The State Of Tamil Nadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20.01.2025 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Esakku ... Petitioner / Sole Accused Vs The State of Tamil Nadu Represented by the Inspector of Police, Boothapandy Police Station, Kanyakumari District.
(Crime No.7 of 2025) ... Respondent/Complainant For Petitioner : Mr.M.Sankar, 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. 7 of 2025 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 1/5
the alleged offences under Sections 296(b), 132 and 351(ii) of BNS, 2023, in Crime No.7 of 2025 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that during a regular vehicle checkup, the petitioner is said to have abused the police officer in filthy language and prevented him from discharging his duties.
3. The learned Government Advocate (Criminal Side), on instructions, submitted that the petitioner is a history sheeter and he has 4 previous cases.
4. The learned counsel for the petitioner submitted that a false case has been foisted against the petitioner and that no such occurrence took place.
5. Heard the learned counsel on either side and perused the material records of the case.
6. Taking into consideration the facts and circumstances of the case and considering the manner in which the prosecution has projected the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 2/5
7. 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, Boothapandy 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 learned Judicial Magistrate, Boothapandy on every Monday at 10.30 a.m. for a period of six weeks and thereafter, as and when required before the respondent police. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial.
3/5
[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/- 20/01/2025 / TRUE COPY / /01/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.
PAL TO 1 THE JUDICIAL MAGISTRATE BOOTHAPANDY.
4/5
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANNIYAKUMARI DISTRICT AT NAGERCOIL.
3 THE INSPECTOR OF POLICE, BOOTHAPANDY POLICE STATION, KANYAKUMARI.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.956 of 2025 Date :20/01/2025 SS/SKN/SAR- /30/01/2025/ 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5