Ganabathy v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/07/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN
1. Ganabathy,
2. Vasanth @ Vasanthkumar, ... Petitioners/Accused No.6 & 10 Vs The Inspector of Police, Panayapatti Police Station, Pudukottai District.
Crime No. 53 /2023.
... Respondent/Complainant For Petitioners : Mr.P.Prabhakaran, Advocate. For Respondent : Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS) PRAYER :- For Anticipatory Bail in Crime No.53 of 2023 on the file of the Respondent police. 1/5
ORDER : The Court made the following order :- The petitioners, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 448, 294(b), 323, 324 & 506(ii) of IPC and Section 4 of TNPHW Act, in Crime No.53 of 2023, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that On 01.08.2023, at about 13.30 hours, A1 Muruganantham and 14 others went to the house of the defacto complainant and abused him in filthy language and also attacked the defacto complainant. Hence, the complaint.
3. The learned counsel appearing for the petitioner would submit that the petitioners are innocent and they have has not committed any offence as alleged by the prosecution. He further submitted that this Court had granted anticipatory bail to the co-accused in Crl.O.P(MD).No.7856 of 2024 dated 29.05.2024. 4.The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that the injured has already been discharged from the hospital.
5.Taking into consideration the facts and circumstances of the case and also the facts that the injured has already been discharged from the hospital and also the 2/5
grant of anticipatory bail to the co-accused, 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 arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Thirumayam, 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 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 Aadhaar card or bank pass book to ensure their identity.
[b]the petitioners shall report before the respondent police daily at 10.30 a.m., for a period of four weeks and thereafter, as and when required for interrogation. [c]the petitioners shall not tamper with the 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 Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner is released on bail by 3/5
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]. [f]If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 22/07/2024 / TRUE COPY / / 08 /2024 Sub-Assistant Registrar (C.S.I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.
TTA TO
1. THE JUDICIAL MAGISTRATE, THIRUMAYAM.
2. DO-THROUGH, THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI DISTRICT.
3. THE INSPECTOR OF POLICE PANAYAPATTI POLICE STATION, PUDUKOTTAI DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.P.PRABHAKARAN, Advocate ( SR-8267[I] dated 22/07/2024 ) 4/5
ORDER
IN CRL OP(MD) No.11026 of 2024 Date :22/07/2024 PSP/VR/SAR /08.08.2024/ 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5