Edwin Raj v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23.01.2025 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Edwin Raj ... Petitioners / Accused No.18 Vs The State of Tamil Nadu Represented by the Inspector of Police, Soorankudi Police Station, Thoothukudi District.

(Crime No.125 of 2024) ... Respondent/Complainant For Petitioners : Mr.D.Gershon Gnanapaul, 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. 125 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 3(5), 351(3) of BNS and Section 3 of TNPPDL Act, in Crime No.125 of 2024 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that there was a temple dispute between two parties. At that point of time, the accused persons are said to have abused the defacto complainant and others in filthy language and threatened them with dire consequences and also damaged the compound wall and caused damage worth Rs.50,000/-. There are totally 18 accused persons and the petitioner has been arrayed as A18.

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 this incident had taken place, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 2/5

5. Accordingly, the petitioner is 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 the order copy made ready, before the learned Judicial Magistrate Court, Vilathikulam, Thoothukudi, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two common 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 appear before the respondent Police as and when required for interrogation.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

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[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 petitioners 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. IPC.

sd/- 23/01/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

PKN TO 1 THE JUDICIAL MAGISTRATE VILATHIKULAM, THOOTHUKUDI.

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2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI.

3 THE INSPECTOR OF POLICE, SOORANKUDI POLICE STATION, THOOTHUKUDI DISTRICT.

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

+1 CC to M/s.M.JERIN MATHEW, Advocate ( SR-895[I] dated 27/01/2025 )

ORDER

IN CRL OP(MD) No.1146 of 2025 Date :23/01/2025 SS/SKN/SAR- /05/02/2025/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5