Mahalingam 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
1. Mahalingam
2. Nakavalli ... Petitioners/Accused No.1 & 2 Vs The Inspector of Police, Annavasal Police Station, Pudukkottai District, (Crime No.50/2024.) ... Respondent/Complainant For Petitioner :
M/s.R. Jegadeeswaran, Advocate.
For Respondent :
Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.50/2024 on the file of the respondent police ORDER : The Court made the following order :- The petitioners/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323 and 355 1/4
I.P.C., in crime No.50 of 2024 on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that due to family dispute, the petitioners herein have attacked the defacto complainant and also abused him in filthy language. Hence, the case.
3. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor appearing for the respondent Police and perused the materials available on record.
4. Considering the nature of allegations made and also the fact that the injured is discharged from the hospital, I am inclined to enlarge the petitioners on anticipatory bail on condition that the petitioners.
8. Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or their appearance, on executing 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 Judicial Magistrate, Illuppur, Pudukkottai District.
(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; 2/4
(ii)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; (iii)the petitioners shall not tamper with evidence or witness; iv)the petitioners 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 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]. (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, Illuppur, Pudukkottai District.
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2.Do through the Chief Judicial Magistrate, Pudukkottai District.
3.The Inspector of Police, Annavasal Police Station, Pudukkottai District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.R.JEGADEESWARAN, Advocate ( SR-9574[I] dated 07/08/2024 )
ORDER
IN CRL OP(MD) No.12845 of 2024 Date :07/08/2024 ED/ GS /SAR- (20/08/2024) 4P / 6 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4