Paramasivam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/07/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN

1. Paramasivam,

2. Suresh,

3. Raja,

4. Dhanam,

5. Meena, ... Petitioners/Accused 1 to 4 & 6 Vs.

The Inspector of Police, Ponnamaravathi Police Station Pudukkottai District.

In Crime No.127/2024.

... Respondent/Complainant For Petitioners : Mr.S.Ayyanar Prem Kumar, Advocate.

For Respondent : Mr.M.Vaikkam Karunanithi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 BNSS PRAYER :- For Anticipatory Bail in Crime No.127/2024 on the file of the respondent Police.

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ORDER : The Court made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 329(4), 296(b), 115(2), 118(1) and 351 (2) BNS, 2023, in Crime No.127 of 2024, seek anticipatory bail. 2.The case of the prosecution is that the petitioners said to have abused the defacto complainant in filthy language and threatened him with dire consequences and assaulted him with weapons and caused injury. Hence, the complaint. 3.The learned counsel for the petitioners would submit that the petitioners are innocents and they have not committed any offence as alleged by the prosecution and the third petitioner is working as Government servant. He would further submit that the injured was discharged from the hospital. Hence, he prays for grant of anticipatory bail to the petitioners.

4.The learned Government Advocate(Crl.Side) would submit that the injured was discharge from the hospital. But, however, first petitioner is having 1 previous case and the other petitioners are not having any previous cases and the investigation is still pending. Hence, he strongly opposed to grant anticipatory bail to the petitioners.

5.Considering the facts and circumstances of the case and also considering the fact that the injured was discharged from the hospital, this Court is inclined to grant 2/5

anticipatory bail to the petitioners with certain conditions. 6.Accordingly, the petitioners are ordered to be released on bail in the event of their 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, Ponnamaravathi, Pudukkottai District, 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 Aadhar card or Bank pass Book to ensure their identity; (b)the (*) third petitioner shall report before the respondent police weekly twice, ie. on every Saturday and Sunday at 10.30 am, until further order and the petitioners (*) 1, 2, 4 and 5 shall report before the respondent police daily at 10.30 am for a period of three weeks and thereafter as and when required for interrogation; (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 3/5

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; (f)if the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 30/07/2024 (*) Amended as per order of this Hon'ble Court in CRL MP(MD)NO.8856 of 2024 in CRL OP(MD).

12107/2024 dated 29.08.2024 by DBCJ.

/ TRUE COPY / /09/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO TO BE SUBSTITUTED WITH THE ORDER ALREADY DATED 30/07/2024 ALREADY DESPATCHED.

1 THE JUDICIAL MAGISTRATE, PONNAMARAVATHI, PUDUKKOTTAI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.

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3 THE INSPECTOR OF POLICE, PONNAMARAVATHI POLICE STATION PUDUKKOTTAI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.S.AYYANAR PREM KUMAR, Advocate (SR-9004[I]dated 31/07/2024)

ORDER

IN CRL OP(MD) No.12107 of 2024 Date :30/07/2024 SA/JGB/12.08.2024/5P/6C PSP/ GS /09.09.2024/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5