Suresh v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/02/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL 1.Suresh 2.Manoj @ Manazir Hussain 3.Jeyaraj @ Jeyaram 4.Suganya 5.Thangaraj ... Petitioners/A1 to A5 Vs The State of Tamilnadu, Rep by the Inspector of Police, Chinthamanipatty Police Station, Karur District.
Crime No.24 of 2025.
... Respondent/Complainant For Petitioners : Mr.M.Suresh For Respondent : Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/6
PRAYER :- For Anticipatory Bail in Crime No.24 of 2025 on the file of the Respondent Police.
ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioners on 05.02.2025 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita praying to grant an order of pre-arrest bail.
2. The petitioners/A1 to A5, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 191(2), 296(b), 115(2), 118(1) and 303 of BNS Act in Crime No.24 of 2025 on the file of the respondent-police.
3. The case of prosecution is that on 24.01.2025 at about 02.00 pm., the defacto complainant went to the occurrence place along with friend one Vishal based on the call received from one Mahima. At that time, the petitioners abused the defacto complainant and his friend, attacked them with wooden log and took cell phone and three sovereigns of chain. Hence, the case.
4. Mr.M.Suresh, learned counsel appearing for petitioners, submits that the 2/6
petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, he prays to grant pre-arrest bail to the petitioners.
5. Mr.K.Sanjai Gandhi, learned Government Advocate (Crl. Side) appearing for respondent-police, submits that it is a case in counter and injured was discharged from the hospital on 05.02.2025.
6. Heard on both sides. This Court has perused the records.
7. Taking into consideration of all the facts and circumstances and also taking note of the fact that the injured had been discharged from the hospital, this Court is inclined to grant pre-arrest bail to the petitioners subject to the following conditions: (i) The petitioners shall be released on bail in the event of their arrest or in the event of their surrender before the learned Judicial Magistrate No.I, Kulithalai, Karur District, within a period of 15 days from the date on which this order copy of made ready, on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only)each along with two sureties each for a like sum of Rs.25,000/- to the satisfaction of the learned Judicial Magistrate No.I, Kulithalai, Karur District; 3/6
(ii) The first and second petitioners shall appear and sign before the learned Judicial Magistrate No.I, Kulithalai, Karur District, on all working days at 10.30 am., and 05.00 pm., until further orders;
(iii)The fourth and fifth petitioners shall appear and sign before the learned Judicial Magistrate No.I, Kulithalai, Karur District, twice a week i.e., on every Monday and Friday at 10.30 am., until further orders; (iv) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]. The learned Judicial Magistrate shall obtain a copy of any one of identity proofs to ensure their identity;
(v) The petitioners shall make themselves available for interrogation by the respondnet-Police as and when required;
(vi) The petitioners shall not, directly or indirectly, cause any threat to the defacto complainant and witnesses and shall not tamper the evidence; 4/6
(vii) On breach of any of the aforementioned conditions, the learned Magistrate is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned conditions are imposed by him as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].
8. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.
sd/- 07/02/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.
RMK TO 1 THE JUDICIAL MAGISTRATE NO.I KULITHALAI, KARUR DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT.
3 THE INSPECTOR OF POLICE, CHINTHAMANIPATTY POLICE STATION, KARUR DISTRICT.
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4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.2417 of 2025 Date :07/02/2025 SS/SKN/SAR-I/19/02/2025/ 6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6