Surya v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/07/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Surya ... Petitioner/Accused N.4 Vs The Inspector of Police, Thiruchendur Police Station, Thoothukudi District.

(Crime No.206/2024.) ... Respondent/Complainant For Petitioner :

M/s.Haroon Rasheed.D.S., 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. 206/2024 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 for the offences punishable under Sections 147, 447, 294(b), 427 and 506(ii) of IPC, in 1/5

Cr.No.206 of 2024, seeks anticipatory bail.

2.The case of the prosecution is that the defacto complainant is the President of the private trust namely, Kundrumalai Sastha Seva Sangam and on behalf of the said trust, he is taking steps to conduct Kumbabishekam. One Ragu is working as a night time watchman. In such circumstances, on 29.06.2024, at about 09.30 p.m, the petitioner and other accused persons are said to have trespassed into the above said Sangam and demanded water for consuming liquor and damaged the water cane worth about Rs.900/-. Further, they also abused him in filthy language and threatened him with dire consequences. 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 already the co-accused (A5& A6) were released on bail by the lower Court and no previous case is pending against the petitioner. Hence, he prays for grant of anticipatory bail to the petitioners.

4.The learned Government Advocate (Crl.Side) would submit that the coaccused (A5& A6) were already released on bail by the lower Court and no previous case is pending against the petitioner. But, however, the investigation is still pending. Hence, he strongly opposed to grant anticipatory bail to the petitioner. 5.Considering the facts and circumstances of the case and also considering the 2/5

facts that the co-accused have already been released on bail by the lower Court and no bad antecedent is reported against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 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 learned Judicial Magistrate, Thiruchendur, 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.

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

sd/- 15/07/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS To 1.The Judicial Magistrate, Thiruchendur.

2.Do through the Chief Judicial Magistrate, Thoothukudi District.

3.The Inspector of Police, Thiruchendur Police Station, Thoothukudi District.

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

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ORDER

IN CRL OP(MD) No.10510 of 2024 Date :15/07/2024 ED/ GS /SAR- (24/07/2024) 5P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5