Madras High CourtCRL OP(MD)/12203/2024ordered

Sakaravathi @ Sabapa @ Sakkaravarthi v. The Inspector Of Police

2024-07-31Honourable Mr Justice A.A.Nakkiran5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 31/07/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN

1. Sakaravathi @ Sabapa @ Sakkaravarthi

2. Radhakrishnan,

3. Sudarsan @ Sudharshan,

4. Pugalenthi @ Pugazharasan ... Petitioners/Accused Nos.3, 4, 6 & 7 Vs The Inspector of Police, Kanakiliyanallur Police Station, Trichy District.

Crime No. 107 of 2024.

... Respondent/Complainant For Petitioners : M/s. Kayvin Prince.S.B, Advocate.

For Respondent : Mr.M.Vaikkam Karunanithi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 482 BNSS 1/5

PRAYER :- For Anticipatory Bail in Crime No.107 of 2024 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioners/A3, A4, A6 & A7, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 191(2), 191(3), 115(2), 118(1), 351(3) of BNS, in Crime No.107 of 2024, seek anticipatory bail. 2.The case of the prosecution is that due to previous enmity, when the petitioners along with other accused were attacking one Sankar Ganesh, the defacto complainant questioned about the same. Due to which, they abused the defacto complainant in filthy language and assaulted him with wooden log 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. He would further submit that the injured was discharged from the hospital and no previous case is pending against the petitioner. Further, the co-accused was released on anticipatory bail. Hence, he prays for grant of anticipatory bail to the petitioners. 2/5

4.The learned Government Advocate(Crl.Side) would submit that the investigation is still pending. However, he fairly conceded that the injured was discharged from the hospital, no previous case is pending against the petitioner and the co-accused was released on anticipatory bail. 5.Considering the facts and circumstances of the case and also considering the facts that the injured was discharged from the hospital, the co-accused was released on anticipatory bail and no bad antecedent is reported against the petitioners, 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 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, Lalgudi, Trichy District, on condition that the petitioners shall execute a bond for a sum of Rs.

(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 3/5

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 periof 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 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/- 31/07/2024 / TRUE COPY / /08/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS 4/5

TO 1 THE JUDICIAL MAGISTRATE LALGUDI TRICHY DISTRICT.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT. 3 THE INSPECTOR OF POLICE KANAKILIYANALLUR POLICE STATION, TRICHY DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.12203 of 2024 Date :31/07/2024 SS/JGB/SAR- /19/08/2024/5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5