Baskar v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30.01.2025 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH 1.Baskar 2.Ganesan 3.Manikandan 4.Siva 5.Jai Singh @ Jeyasingh 6.Sherin @ Jerin Singh 7.Kanishkar @ Kaniskar 8.Venish @ Venis 9.Stalin ... Petitioners / Accused 1 to 7 & 9 and 10 Vs The State of Tamil Nadu Represented by the Inspector of Police, Koodankulam Police Station, Tirunelveli District.
(Crime No.581 of 2024) ... Respondent/Complainant For Petitioners :
Mr.M.Maharajan, 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.581 of 2024 on the file of the respondent police.
ORDER : The Court made the following order :- 1/5
(*)The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences under Sections 191(2), 191(3), 296(b), 115(2), 118(1), 351(3) and 49 of BNS, 2023 and Section 3 of TNPPDL Act, in Crime No.581 of 2024 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that on 25.12.2024, the father of the defacto complainant went for walking along with his pet dog. There was some wordy quarrel regarding the dog with A1 to A4. The accused persons are said to have threatened with dire consequences and attacked with hand. When the defacto complainant questioned the same, he was also attacked with iron rod and he also sustained injuries. Thereafter, all the accused persons are said to have damaged the boat and fishing net of the defacto complainant and thereby caused a total loss of Rs.7,10,000/-. There are totally 12 accused persons in this case and the petitioners have been arrayed as A1 to A7 and A9 and A10.
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 fact that there is a case and counter case pending investigation before the respondent police in Crime Nos.578 and 581 of 2024 and also considering the fact that there are no previous cases against the petitioners and also considering the fact 2/5
that A11 and A12 were enlarged on bail by this Court in Crl.OP(MD).No.1305 of 2025 by an order dated 24.01.2025, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
5. Accordingly, the petitioners are 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, Radhapuram, on condition that the petitioners 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 petitioners 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 petitioners shall appear 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.
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[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 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/- 30/01/2025 (*)Corrected as per order of this Hon'ble Court in CRL OP(MD).1830/2025 dated 19/02/2025 The time granted by this Court is extended for 10 days from the date of receipt of a copy of this order and it is made clear that no further extension of time will be granted. / TRUE COPY / 20/02/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
PAL 4/5
TO TO BE SUBSTITUTED WITH THE ORDER ALREADY DESPATCHED ON 18/02/2025 1 THE JUDICIAL MAGISTRATE, RADHAPURAM.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3 THE INSPECTOR OF POLICE, KOODANKULAM POLICE STATION, TIRUNELVELI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.1830 of 2025 Date :30/01/2025 SS/GSV/SAR- /18/02/2025/ 5P/5C RS/IT/SAR- /20.02.2025/ 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5