Madras High CourtCRL OP(MD)/1430/2025allowed

J Nevin Raj v. The State Of Tamilnadu

2025-01-27Honourable Mr Justice N. Anand Venkatesh5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT [Criminal Jurisdiction] Date : 27.01.2025 PRESENT THE HON`BLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P.(MD)No.1430 of 2025 J.Nevin Raj ... Petitioner/Accused No.2 Vs The State rep. by The Inspector of Police, Town South Branch, Dindigul District.

(Crime No.40 of 2025) ... Respondent/Complainant For Petitioner : Mr.R.Shankar Ganesh, Advocate For Respondent : Mr.A.Albert James, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS. PRAYER :- For Anticipatory Bail in Crime No.40 of 2025 on the file of the respondent police. 1/5

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 296(b), 221, and 351(3) of BNS, 2023 and Section 25(1)(a) of Arms Act, 1959, in Crime No.40 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the respondent police, during regular surveillance, found the accused persons with deadly weapons. On seeing them, the accused persons attempted to run away from the place. A1 was secured and arrested. Based on his confession, three other accused persons were identified. The petitioner has been arrayed as A2.

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 age of the petitioner and taking note of the fact that the petitioner has been roped in this case based on the confession of A1 and also considering the fact that there is one previous case against the petitioner, 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 his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.III, Dindigul, 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 appear before the learned Judicial Magistrate No.III, Dindigul on every Monday at 10:30 a.m. for a period of 4 weeks and thereafter, before the respondent 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. 3/5

[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/- 27/01/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai -625 023 jen To 1 THE JUDICIAL MAGISTRATE NO.III DINDIGUL 2 DO-THROUGH -THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.

3 THE INSPECTOR OF POLICE, TOWN SOUTH BRANCH, DINDIGUL DISTRICT.

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

+1 CC to M/s.R,SANKAR GANESH, Advocate ( SR-910[I] dated 27/01/2025 ) ORDER IN CRL OP(MD) No.1430 of 2025 Date :27/01/2025 ES/SKN/SAR /03.02.2025/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.

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