Jeyaraj @ Raj v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY 1.Jeyaraj @ Raj 2.Ranjith @ Ranjithkumar ... Petitioners/Accused Nos.1&2 Vs The Inspector of Police, R.S.Mangalam Police Station, Ramanathapuram District.
(Crime No.193 of 2024) ... Respondent/Complainant For Petitioner : M/s. Vinoth. R, Advocate.
For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL UNDER SECTION 482 OF BNSS PRAYER :- For Anticipatory Bail in Crime No.193 of 2024 on the file of the respondent police. 1/5
ORDER : The Court made the following order :- The petitioners/A1 & A2, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 118(1) 74 & 351(2) of BNS, 2023, in Crime No.193 of 2024, seek anticipatory bail. 2.The case of the prosecution is that the petitioners herein are none other than the brother-in-law and son of the sister-in-law of the defacto complainant. on 27.07.2024 at about 10.00 p.m, due to temple festival, the defacto complainant went to his younger sister's house at Sanaveli. The other two sisters objected the same and abused the defacto complainant in filthy language. Subsequently, on 28.07.2024, at about 10.00 pm, the petitioners have abused the defacto complainant in filthy language and assaulted him with wooded log and brick and caused injuries. 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 it is a case and case in counter. The injured was discharged from the hospital and no previous case is pending against the petitioners. Hence, he prays for grant of anticipatory bail to the petitioners. 4.The Additional Public Prosecutor would submit that the the investigation is still pending. However, he fairly submitted that it is a case and case in counter. Now, 2/5
the injured was discharged from the hospital and no previous case is pending against the petitioners.
5.Considering the facts and circumstances of the case and also considering the facts that it is a case and case in counter, the injured was discharged from the hospital 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 petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Thiruvadanai, Ramanathapuram District, on condition that the petitioner shall execute a bond for a sum of Rs.
10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum 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.
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/- 05/08/2024 / 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 THIRUVADANAI, RAMANATHAPURAM DISTRICT.
2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT 4/5
3 THE INSPECTOR OF POLICE R.S MANGALAM POLICE STATION, RAMANATHAPURAM DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.R.VINOTH, Advocate ( SR-9447[I] dated 05/08/2024 )
ORDER
IN CRL OP(MD) No.12710 of 2024 Date :05/08/2024 PSP/JGB/SAR /14.08.2024/ 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5