Ponnukalai v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY

1. Ponnukalai,

2. Ravichandran,

3. Muthuramalingam,

4. Santhanam,

5. Kalyani,

6. Boomi @ Karuppusamy, ... Petitioners/Accused Nos.1to6 Vs The Inspector of Police, Aviyur Police Station, Virudhunagar District.

(Crime No.108/2024)..

... Respondent/Complainant For Petitioners : Mr.R.Karunanidhi, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor 1/5

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS / 438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.108/2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/A1 to A6, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 189(2), 296(b), 115(2) and 351(2) of the Bharatiya Nyaya Sanhita, in Crime No.108 of 2024, seek anticipatory bail. 2.The case of the prosecution is that when on enquiry with regard to the stolen hundiyal money of Sri Saatchi Amman Kovil at Nasarpulayankulam, the petitioners are said to have abused the defacto complainant in filthy language and attacked him with their hands and caused injuries. Hence, the complaint. 3.Heard both sides.

4.Considering the nature of allegation and also considering the fact that the injured was discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 2/5

5.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 Court, Kariapatti, Virudhunagar 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 respondent police daily at 10.30 am for a period of one week and thereafter, as and when required for interrogation; (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/- 09/08/2024 / TRUE COPY / /08/2024 Sub-Assistant Registrar (CS-I/ II/ III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS TO

1. The Judicial Magistrate, Kariapatti, Virudhunagar District,

2. Do-Through The Chief Judicial Magistrate, Viruthunagar District @ Srivilliputhur.

3.The Inspector of Police, Aviyur Police Station, Virudhunagar District.

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

+1 CC to M/s.R.KARUNANIDHI, Advocate ( SR-9831[I] dated 12/08/2024 ) 4/5

ORDER

IN CRL OP(MD) No.13002 of 2024 Date :09/08/2024 RK/GS (20/08/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5