Arun v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Arun ... Petitioner/Sole Accused Vs The Inspector of Police, Siruganur Police Station, Trichy District.

(Crime No. 113/2024.) ... Respondent/Complainant For Petitioner :

M/s.S.M.Mohan Gandhi, Advocate.

For Respondent :

Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.113 of 2024 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/Sole Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 118(1) and 351 1/4

(3) of BNS, in Cr.No.133 of 2024, seeks anticipatory bail. 2.The case of the prosecution is that on 09.07.2024, when the defacto complainant was sleeping, the petitioner kicked him and abused the him in filthy language and attacked him with broken beer bottle and caused injuries. Hence, the complaint. 3.Heard both sides.

4.Considering the fact that the injured was treated as an outpatient and also considering the nature of the allegations that it was a drunken brawl between two persons drinking together, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

5.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, Lalgudi, 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; 2/4

(b)the petitioner 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 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 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/- 07/08/2024 / TRUE COPY / /08/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS 3/4

To 1.The Judicial Magistrate, Lalgudi.

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

3.The Inspector of Police, Siruganur Police Station, Trichy District.

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

+1 CC to M/s.S.M.MOHAN GANDHI, Advocate ( SR-9580[I] dated 07/08/2024 )

ORDER

IN CRL OP(MD) No.11317 of 2024 Date :07/08/2024 ED/GS /SAR- (20/08/2024) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4