Siva v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY
1. Siva
2. Pootchiyammal ... Petitioners/Accused No.2&4 Vs The Inspector of Police, Thiruppuvanam Police Station, Sivagangai District.
(Crime No. 319/2024.) ... Respondent/Complainant For Petitioners :
M/s.Balamuruganantham R, 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. 319 of 2024 on the file of the respondent Police.
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ORDER : The Court made the following order :- The petitioners/A2 & A4, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 109, 351(3) of BNS, in Crime No.319 of 2024, seek anticipatory bail. 2.The case of the prosecution is that due to previous enmity, the petitioners and the other accused have abused the defacto complainant in filthy language and assaulted him with sword and spade and caused injuries to him. Further, they threatened him with dire consequences. Hence, the case. 3.Heard both sides.
4.Considering the nature of the injury, Which is said to be fracture in the leg of the defacto complainant and also considering the facts that even as per the FIR, the defecto complainant went to the petitioner's house and the argument of the learned Counsel for the petitioners that the defacto complainant is the aggressor, this Court is inclined to enlarge the petitioner on anticipatory bail with certain conditions. 5.Accordingly, the petitioners are ordered to be released on bail in the event of 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 Court, Thiruppuvanam, Sivagangai District, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) each with two sureties, each for a like sum 2/5
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 four weeks and thereafter, as and when required for interrogation; It is made clear that no relaxation of the condition for the said period will be entertained by this Court;
(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 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; 3/5
(f)if the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.
sd/- 06/08/2024 / TRUE COPY / /08/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
DSS To 1.The Judicial Magistrate, Thiruppuvanam, Sivagangai District.
2.Do through the Chief Judicial Magistrate, Sivagangai District.
3.The Inspector of Police, Thiruppuvanam Police Station, Sivagangai District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.R.BALAMURUGANANTHAM, Advocate ( SR-9575[I] dated 07/08/2024 )
ORDER
IN CRL OP(MD) No.11883 of 2024 Date :06/08/2024 4/5
ED/ JGB /SAR- (09/08/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5