Anbu @ Anban v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 31/01/2025 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH Anbu @ Anban ... Petitioner/Accused 1/Accused 1 Vs The State of Tamilnadu, Rep. by the Inspector of Police, Seidunganallur Police Station, Thoothukudi District.
Crime No. 24 /2024.
... Respondent/Complainant/Complainant For Petitioner : Mr.M.Perumal, Advocate For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- To enlarge the petitioner on bail in S.C.No. 230/2024 on the file of the II Additional District and Sessions Court, Thoothukudi in connection with the Crime No. 24/2024 on the file of the respondent herein and thus render justice. ORDER : The Court made the following order :- The petitioner/A1, who was arrested and remanded to judicial custody on 1/5
10.02.2024 for the offences under Sections 341, 294(b), 302 and 506(ii) of IPC in S.C.No.230 of 2024 on the file of the II Additional District and Sessions Court, Thoothukudi in Crime No.24 of 2024 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the accused persons restrained the deceased and abused him in filthy language and attacked him with aruval resulting in his demise. There are totally 3 accused persons in this case and the petitioner has been arrayed as A1.
3. The learned Additional Public Prosecutor appearing for the respondent police submitted that the complaint was given against the petitioner by the deceased and as a retaliation, the petitioner along with other accused persons attacked the deceased with deadly weapons and caused his death. He further submitted that there are four previous cases against the petitioner and if the petitioner is granted bail and he come to the same village, there is every possibility of a further retaliation. He further submitted that the investigation has been completed and the charges have also been framed on 04.01.2025.
4. Heard the learned Counsel appearing on either side. 5.Taking into consideration the facts and circumstances of the case and considering the fact that this petitioner has already suffered incarceration from 10.02.2024 and A2 and A3 have already been released on bail by this Court and also 2/5
taking note of the fact that there are four previous cases against the petitioner and the possibility of a potential retaliation, this Court is inclined to grant bail to the petitioner subject to the following conditions.
6. Accordingly, the criminal original petition is ordered and the petitioner is ordered to be released on bail on executing 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 II Additional District and Sessions Court, Thoothukudi, and on further conditions that:- [a] 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 stay at Dindigul District and appear before the Inspector of police, Town West Police Station, daily at 10.30 a.m and 05.30 p.m until further orders, except on the days when the case is posted for hearing before the trial Court.
[c] the petitioner shall appear before the trial Court during every hearing date without fail.
[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[e] the petitioner shall not abscond either during investigation or trial. 3/5
[f] 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS 2023.
sd/- 31/01/2025 / TRUE COPY / 31/01/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
LR TO 1 THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, THOOTHUKUDI.
2 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.
3 THE INSPECTOR OF POLICE, SEIDUNGANALLUR POLICE STATION, THOOTHUKUDI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
4/5
COPY TO:
THE INSPECTOR OF POLICE, TOWN WEST POLICE STATION, DINDIGUL DISTRICT.
+1 CC to M/s.M.PERUMAL, Advocate ( SR-1234[I] dated 31/01/2025 )
ORDER
IN CRL OP(MD) No.2036 of 2025 Date :31/01/2025 SA/SAR. /31.01.2025/5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5