Madras High CourtCRL OP(MD)/10435/2024ordered

Ramesh @ Rameshkumar v. The Inspector Of Police

2024-07-12Honourable Mr Justice A.A.Nakkiran5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/07/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN

1. Ramesh @ Rameshkumar

2. Elankavi

3. Sandoss @ Santhosh

4. Rigesh @ Rijesh

5. Renuka

6. Priya ... Petitioners/Accused No.1 to 4, 6, 7 Vs The Inspector of Police, Adiramapattinam Police Station, Thanjavur District.

(Crime No.186/2024).

... Respondent/Complainant For Petitioners :

Mr.K.M.Karunakaran, Advocate.

For Respondent :

Mr.M.Vaikkam Karunanithi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.186/2024 on the file of the Respondent Police.

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ORDER : The Court made the following order :- The petitioners/ accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 341, 294(b), 323, 324 and 379 IPC in Crime No.186 of 2024, seek anticipatory bail. 2.The case of the prosecution is that due to wordy quarrel between the parties, the petitioners abused the defacto complainant in filthy language and also attacked him and his mother with hands and threatened with dire consequences. Hence the complaint.

3.The learned counsel for the petitioners would submit that the petitioners are innocents and they have not committed any offence as alleged by the prosecution and seeks anticipatory bail.

4.The learned Government Advocate(Crl.Side) would submit that there was a family dispute between the parties and it is a case and counter. He would further submit that totally seven accused and the petitioners are arrayed as A1 to A4, A6 and A7. A1 and A6 are not having any previous case A3, A4 and A7 are having one previous case each and A2 in this case is having three previous cases. The investigation is pending and hence, he strongly opposed to grant anticipatory bail to the petitioners.

5.Considering the facts and circumstances of the case and also considering the 2/5

nature of allegations made against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 6.Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Pattukkottai, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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 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 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 petitioners shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioners shall not abscond either during investigation or trial; (e)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial 3/5

Court is entitled to take appropriate action against the petitioners 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]; and; (f)if the accused thereafter abscond, 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.

LS To 1.The Judicial Magistrate, Pattukkottai.

2.Do through the Chief Judicial Magistrate, Thanjavur District at Kumbakonam.

3.The Inspector of Police, Adiramapattinam Police Station, Thanjavur District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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+1 CC to M/s.K.M.KARUNAKARAN, Advocate ( SR-7841[I] dated 12/07/2024 )

ORDER

IN CRL OP(MD) No.10435 of 2024 Date :12/07/2024 ED/ VR /SAR- (26/07/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5