C.Muthusamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/07/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN C.Muthusamy ... Petitioner/Accused Rank Not Known Vs The Inspector of Police, Natham Police Station, Dindigul District.

(Crime No. 364 / 2024.) ... Respondent/Complainant For Petitioner :

R.Rajadurai, Advocate.

For Respondent :

Mr.R.M.Vaikkam Karunanithi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.364 of 2024 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 341, 294(b), 323, 324 379, and 1/5

506(ii) of IPC, in Cr.No.364 of 2024, seeks anticipatory bail. 2.The case of the prosecution is that due to previous enmity, the petitioner and the other accused are said to have abused the defacto complainant in filthy language and kidnapped him in his two wheeler at knife point to the remote area and attacked him. Thereafter, snatched the 3 sovereigns of gold chain & Rs.8,000/- from him. Further, pushed him into the main road and took away his two wheeler. 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 has sustained only simple injury and no previous case is pending against the petitioner. Further, the stolen properties were recovered by the respondent police. Hence, he prays for grant of anticipatory bail to the petitioners. 4.The learned Government Advocate (Crl.Side) would submit that the investigation is in preliminary stage. But, however, the injured has sustained only simple injury and no previous case is pending against the petitioner. Apart from that, the stolen properties were recovered from the accused. 5.Considering the facts and circumstances of the case and also considering the facts that the injured has sustained only simple injury, no bad antecedent is reported against the petitioner and the stolen properties were recovered from the accused, 2/5

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, Natham, 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/- 18/07/2024 / 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, Natham.

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

3.The Inspector of Police, Natham Police Station, Dindigul District.

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

+1 CC to M/s.R.RAJADURAI, Advocate ( SR-8213[I] dated 22/07/2024 ) 4/5

ORDER

IN CRL OP(MD) No.10720 of 2024 Date :18/07/2024 ED/ VR /SAR- (29/07/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5