Sathya v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/07/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Sathya, ... Petitioner/Accused No.4 Vs The Inspector of Police, Malli Police Station Virudhunagar District.

Cr No.74/2024.

... Respondent/Complainant For Petitioner : M/s.Mohanasundaram.M,Advocate. For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 482 of BNSS PRAYER :- For Anticipatory Bail in Cr No.74/2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/A4, who apprehends arrest at the hands of the respondent police 1/5

for the offences punishable under Sections 294(b), 323, 324, 506(i) of IPC and r/w Section 4 of Tamil Nadu Prohibition of Women Harassment Act, 2002, in Cr.No.74 of 2024, seeks anticipatory bail.

2.The case of the prosecution is that due to civil dispute between the parties, on 28.05.2024, when the defacto complainant was fencing around the disputed land, the petitioner along with other accused are said to have abused the defacto complainant and his family members and also attacked them and caused injuries. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that the injured was discharged from the hospital. Hence, he prays for grant of anticipatory bail to the petitioner.

4.The learned Additional Public Prosecutor would submit that the investigation is still pending. However, he fairly conceded that the injured was discharged from the hospital and no previous case is pending against the petitioner. 5.Considering the facts and circumstances of the case and also considering the fact that the injured was discharged from the hospital and no bad antecedent is reported against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

2/5

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Additional Mahila Court, Srivilliputhur, Virudhunagar District, 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 to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further conditions 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 report before the respondent police daily at 10.30 am for a period of two weeks and thereafter, 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; (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 3/5

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]; and; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 12/07/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS TO THE ADDITIONAL MAHILA JUDGE, SRIVILLIPUTHUR THE INSPECTOR OF POLICE MALLI POLICE STATION VIRUDHUNAGAR DISTRICT.

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

4/5

+1 CC to M/s.M.MOHANASUNDARAM, Advocate ( SR-7903[I] dated 15/07/2024 )

ORDER

IN CRL OP(MD) No.10360 of 2024 Date :12/07/2024 PKP/JGB/SAR /22.07.2024/ 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5