Vengadesh Kumar v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/03/2025 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No.4599 of 2025 Vengadesh Kumar, S/o.Marimuthu, No.1/362, Gangakulam, Sengamalanachchiyarpuramthiruthangal.
Virudhunagar - 626 130.
... Petitioner/Accused No.2 Vs The State of Tamilnadu, Rep by the Inspector of Police, Thiruthangal Police Station, Virudhunagar.
Crime No.252 of 2023 ... Respondent/Complainant For Petitioner : Mr.Nishar Ahamed.N, Advocate For Respondent : Mr.S.S.Manoj, Government Advocate (Crl.Side) 1/5
PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime no.252 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused No.2, who apprehends arrest at the hands of the respondent Police for the offences punishable under Sections 147, 341, 294(b), 195A, 506(2) of IPC in Crime No.252 of 2023 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner along with other accused persons, threatened the defacto complainant, warning him not to appear as a witness in a murder case committed by Accused No.1, which occurred in the year 2022. Hence, the case.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he is no way connected with this crime. He would further submit that he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is also one of the witnesses in the murder case happened in the year 2022. Accordingly, he prays to allow this petition.
4. The learned Government Advocate (Crl. Side) would submit that the petitioner along with other accused threatened the defacto complainant and warned 2/5
not to appear as a witness in a murder case and he has one previous case pending against him. Hence, he opposed to grant anticipatory bail to the petitioner.
5. Heard both sides and perused the materials available on record.
6. Considering the rival submissions made on either side and the nature of offences charged against the petitioner and taking note of the fact that the case is pending from the year 2023 and sofar, the respondent Police have not taken any steps to secure the accused and already the petitioner has filed three petitions before this Court seeking anticipatory bail and the same were dismissed, I am inclined to grant anticipatory bail to the petitioner, subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on anticipatory bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum to the satisfaction of the Judicial Magistrate No.II, Sivakasi, and on further conditions that:
[b] the petitioner shall report before the respondent Police daily at 10.30 a.m., for a period of thirty days and thereafter, as and when required for the interrogation. [c] the petitioner shall not commit any offences of similar nature. [d] the petitioner shall not abscond either during investigation or trial. [e] the petitioner shall not tamper with evidence or witness either during investigation or trial.
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[f] On breach of any of the aforesaid conditions, the learned Judicial 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 B.N.S.
sd/- 12/03/2025 / TRUE COPY / /03/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.
TSG TO 1 THE JUDICIAL MAGISTRATE NO.II, SIVAKASI.
2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUTHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
3 THE INSPECTOR OF POLICE, THIRUTHANGAL POLICE STATION, VIRUDHUNAGAR.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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+1. CC to M/S.NISHAR AHAMED.N Advocate SR.No.2734(I) DATED 13/03/2025
ORDER
IN CRL OP(MD) No.4599 of 2025 Date :12/03/2025 NBF / SKN /SAR- (18/03/2025) 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5