Madras High CourtCRL OP(MD)/12555/2024ordered

Ramkumar v. The Inspector Of Police

2024-08-02Honourable Mr Justice A.A.Nakkiran5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/08/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN

1. Ramkumar

2. Abul @ Rajkumar

3. Subash,

4. Ajith Kumar,

5. Praveenkumar, ... Petitioners/Accused rank not known Vs The Inspector of Police, Chatrakudi Police Station, Chatrakudi, Ramanathapuram District.

Crime No.111/2024.

... Respondent/Complainant For Petitioners : Mr.N.Pragalathan, Advocate.

For Respondent : Mr.M.Vaikkam Karunanithi, Government Advocate (Crl.Side) 1/5

PETITION FOR ANTICIPATORY BAIL Under Sec. 482 BNSS PRAYER :- For Anticipatory Bail in Crime No.111/2024 on the file of the respondent police 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 189(2), 296(b), 115(2), 118(1), 125, 351(3) of Bharatiya Nyaya Sanhita (BNS), 2023, in Crime No.111 of 2024, seek anticipatory bail.

2.The case of the prosecution is that the petitioners are said to have abused the defacto complainant in filthy language and threatened him with dire consequences assaulted him with stones 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 the co-accused were released on anticipatory bail by this Court. 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 and the petitioner is having 1 previous case. However, he fairly conceded that the co-accused were already released on anticipatory bail by this Court.

5.Considering the facts and circumstances of the case and also considering the fact that the the co-accused were already released on anticipatory bail by this Court, 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 Judicial Magistrate Court, Paramakudi, Ramanathapuram 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; 3/5

(b)the petitioners 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 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/- 02/08/2024 / 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 PARAMAKUDI, RAMANATHAPURAM DISTRICT.

4/5

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3 THE INSPECTOR OF POLICE CHATRAKUDI POLICE STATION, CHATRAKUDI, RAMANATHAPURAM DISTRICT.

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

+1 CC to M/s.N.PRAGALATHAN, Advocate ( SR-9405[I] dated 02/08/2024 )

ORDER

IN CRL OP(MD) No.12555 of 2024 Date :02/08/2024 SS/GS/SAR- /23/08/2024/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5