Madras High CourtCRL OP(MD)/12687/2024ordered

Athinarayanan 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. Athinarayanan,

2. Dhanasekaran,

3. Naveen @ Naveen Kumar,

4. Sethu @ Sethupathi,

5. Palani Kumar,

6. Subiar Mariyam Khan,

7. Lakshmana Perumal,

8. Manibharathi ... Petitioners/Accused Rank Not Known Vs The Inspector of Police, Thirumangalam Town Police Station, Madurai District.

(Crime No.107/2024) ... Respondent/Complainant For Petitioners :

M/s.S.S.Shaul Hameed, Advocate.

For Respondent :

Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL UNDER SEC 482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.107/2024 on the file of the Respondent Police.

ORDER : The Court made the following order :- 1/5

The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 341, 294(b) and 506(i) of IPC and r/w Section 3 of TNPPDL Act, 1992, in Crime No.107 of 2024, seek anticipatory bail.

2.The case of the prosecution is that the petitioners along with other accused came to the Kappalur tollgate, Tirumangalam, Madurai District in more than 30 vehicles and blocked the road and damaged the safety materials, WIM sensors worth about Rs.3,00,000/-. Further, they vandalized the water barrier guard and flower pots worth about Rs.1,25,000. When the same was trying to prevent, they abused the persons in filthy language. 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. Hence, he prays for grant of anticipatory bail to the petitioners. 4.The learned Government Advocate (Crl.Side) would submit that the investigation is still pending. The petitioners 1 to 6 are having 22, 12, 9, 4, 6 & 3 previous cases respectively. Hence, he strongly opposed to grant anticipatory bail to the petitioners.

5.Considering the facts and circumstances of the case and also considering the nature of the offence, this Court is inclined to grant anticipatory bail to the petitioners 2/5

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, Thirumangalam, Madurai 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 petitioners shall report before the V3, Rajamangalam, Kulathur Police Station, daily at 10.30 am until further orders; (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 3/5

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, THIRUMANGALAM, MADURAI DISTRICT.

2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE INSPECTOR OF POLICE, THIRUMANGALAM TOWN POLICE STATION, MADURAI DISTRICT.

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

COPY TO THE INSPECTOR OF POLICE, V3, RAJAMANGALAM, KULATHUR POLICE STATION, KULATHUR.

4/5

ORDER

IN CRL OP(MD) No.12687 of 2024 Date :02/08/2024 RS/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