Jayaganesh Prabhu v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Jayaganesh Prabhu ... Petitioner/Accused No.1 Vs The Inspector of Police, Sivakasi East Police Station, Virudhunagar District.
Crime No.384/2024.
... Respondent/Complainant For Petitioner : Mr.Lakshmi Gopinathan, Advocate for M/s.Polax Legal Solutions, For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime no.384 of 2024 on the file of the Respondent Police. 1/5
ORDER : The Court made the following order :- The petitioner/A1, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 329(3), 288 of BNS r/w Section 9(B)(I)(a) of the Indian Explosives Act, in Cr.No.384 of 2024, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner is the owner of 'M/s.Swamy Sparklers Factory'. He broke opened the sealed factory and illegally manufactured the crackers. Hence, the complaint.
3.Heard both sides.
4.Considering the nature of allegation and also considering the fact that there is no bad antecedent against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 5.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 No.II, Sivakasi, on condition that 2/5
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 three weeks and thereafter, as and when required for interrogation; (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 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 3/5
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/- 16/08/2024 / 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 No.II, Sivakasi..
2. Do-Through The Chief Judicial Magistrate, Viruthunagar District.
3. The Inspector of Police, Sivakasi East Police Station, Virudhunagar District.
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
4/5
+1 CC to M/s. Polax Legal Solutions,Advocate ( SR-44337[F] dated 19/08/2024)
ORDER
IN CRL OP(MD) No.13455 of 2024 Date : 16/08/2024 RD/SKN (22/08/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 5/5