Vellaiyappan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/01/2025 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH CRL OP(MD). No.1332 of 2025

1. Vellaiyappan,

2. Koodalingam,

3. Kabil,

4. Sangaiyan,

5. Muniyasamy,

6. Karuppasamy, ... Petitioners/Rank not known Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Appayya Naiken Patti Police Station, Virudhunagar District, Crime No.11 of 2025..

... Respondent/Complainant For Petitioners : Ms.S.Meena, Advocate.

For Respondent : Mr.A.Albert James, Government Advocate (Crl.Side) 1/5

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- for Anticipatory Bail in Crime No.11of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners / Accused, who apprehend arrest at the hands of the respondent Police for offences under Sections 191(2), 296(b) and 351(2) of BNS, 2023 in Crime No.11 of 2025 on the file of the respondent Police, seek anticipatory bail.

2. The case of the prosecution is that there was a wordy quarrel between two parties during the pongal festival and the accused persons are said to have abused the defacto complainant in filthy language and threatened with dire consequences.

3. Heard the learned counsel on either side.

4. Taking into consideration the facts and circumstances of the case and considering the nature of dispute between the parties and also considering the fact that there is a case and counter case pending investigation before the respondent police in Crime Nos.10 and 11 of 2025 and also considering the fact that no one sustained injuries and taking note of the fact that there are no previous cases against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions.

5. Accordingly, the petitioners are ordered to be released on anticipatory bail in 2/5

the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned District Munsif cum Judicial Magistrate No.I, Sattur, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) each with two sureties (common surety) 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 petitioners fail to surrender before the said Magistrate within a period of fifteen days, this order shall stand automatically cancelled. [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 petitioners 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; 3/5

[f] if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 24/01/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

TSG TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE NO.I, SATTUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE INSPECTOR OF POLICE, APPAYYA NAIKEN PATTI POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

+1 CC to M/s.M.JANANI PRIYA, Advocate ( SR-838[I] dated 24/01/2025 ) 4/5

ORDER

IN CRL OP(MD) No.1332 of 2025 Date :24/01/2025 NBF / SAR- (12/02/2025) 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5