Dharma v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Dharma, ... Petitioner/Accused No.4 Vs The Inspector of Police, Parthibanoor Police Station, Ramanathapuram District.

Crime No. 120/2024..

... Respondent/Complainant For Petitioner : Senthil Murugan C., Advocate. For Respondent : Mr.R.M.Anubnithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL UNDER SECTION 482 OF BNSS PRAYER :- For Anticipatory Bail in Crime No. 120 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 1/4

police for the offences punishable under Sections 296(b) and 118(1) of BNS, 2023 in Crime No.120 of 2024 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that due to previous motive, the petitioner herein and other accused have attacked the defacto complainant and also abused him filthy language. Hence, the complaint.

3. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent Police.

4. Considering the facts and circumstances and also considering the fact that injured was treated as out-patient, I am inclined to enlarge the petitioner on anticipatory bail even though there is one previous case pending against the petitioner.

5. Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or her appearance, on executing 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 learned Judicial Magistrate, Paramakudi. (i)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; (ii)the petitioner shall report before the respondent Police, daily at 10.30 am for 2/4

a period of three weeks and thereafter as and when required for interrogation; (iii)the petitioner shall not tamper with evidence or witness; iv)the petitioner shall not abscond during trial. v)On breach of any of the aforesaid conditions, the learned Magistrate/Trial 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]. (vi)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

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

TRP TO 1 THE JUDICIAL MAGISTRATE PARAMAKUDI.

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2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

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

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

ORDER

IN CRL OP(MD) No.12841 of 2024 Date :07/08/2024 PSP/GS/SAR /23.08.2024/ 4P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4