Nitheeswaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Nitheeswaran ... Petitioner/Accused Rank Not Known Vs The Inspector of Police, Cumbum South Police Station, Theni District.

(Crime No. 139/2024.) ... Respondent/Complainant For Petitioner :

M/s.B.Jeyakumar, Advocate.

For Respondent :

Mr.R.M.Anbuinithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No. 139 of 2024 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 448, 294(b), 324 and 506(ii) of IPC, 1/5

in Crime No.139 of 2024, seeks anticipatory bail. 2.The case of the prosecution is that the defacto complainant is running a Finance Company. On 21.06.2024, the petitioner and the other accused, trespassed into the Company and abused the defacto complainant and his son in filthy language and tried to attacked his son. When the same was prevented by him, he has sustained injuries. Further, they threatened them with dire consequences. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that the injured was discharged from the hospital and no previous case is pending against the petitioner. Hence, he prays for anticipatory bail. 4.The learned Additional Public Prosecutor would submit that the injured was discharged from the hospital and no previous case is pending against the petitioner. However, the investigation in this case is not yet completed. Hence, he opposed to garnt anticipatory bail to the petitioner.

5.Considering the overall facts and circumstances of the injured was discharged from the hospital and no bad antecedent is reported against the petitioner, this Court is inclined to enlarge the petitioner on anticipatory bail with certain conditions.

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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, Uthamapalayam, Theni 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 petitioner 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 petitioner shall report before the respondent police daily at 10.30 a.m, for a period of four weeks and thereafter, as and when required for interrogation; It is made clear that no relaxation of the condition for the said period will be entertained by this Court;

(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioner 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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 absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 06/08/2024 / 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, Uthamapalayam, Theni District.

2.Do through the Chief Judicial Magistrate, Theni District.

3.The Inspector of Police, Cumbum South Police Station, Theni District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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+1 CC to M/s.B.JEYAKUMAR, Advocate ( SR-9583[I] dated 07/08/2024 )

ORDER

IN CRL OP(MD) No.12808 of 2024 Date :06/08/2024 ED/ GS /SAR- (09/08/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5