Suriya Narayanan v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Suriya Narayanan, ... Petitioner/Accused No.2 Vs The Sub Inspector of Police, Thisayanvillai Police Station, Tirunelveli District.
Crime No.465 of 2024.
... Respondent/Complainant For Petitioner : Mr.S.Krishna Kumar, Advocate.
For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 482 BNSS PRAYER :- For Anticipatory Bail in Crime No.465 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 Section 303(2) BNS, 2023, in Crime No. 465 of 2024, seeks anticipatory bail. 1/5
2.The case of the prosecution is that the petitioner, who is the owner of the lorry, is said to have transported the minerals beyond the permissible time. Hence, the complaint.
3. Heard the learned counsel on either side and perused the material records of the case..
4. Considering the facts and circumstances of the case and also considering the nature of the allegation that the petitioner is the owner of the lorry and he is said to have transported the mineral beyond the permissible time, I am inclined to grant anticipatory bail to the petitioner with certain conditions.
5. Accordingly, this Petition is allowed and the petitioner shall pay a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of Light Social Welfare Trust, Arumuganeri (Account No.31000140450002, IFSC Code: TMBL0000310, Tamil Nadu Merchantile Bank, Arumuganeri), without prejudice to his rights and contentions before the trial Court and produce the receipt/acknowledgement before the learned Judicial Magistrate, Radhapuram.
2/5
6.On production of such receipt, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Radhapuram, 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 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 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; 3/5
(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 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/- 22/08/2024 / TRUE COPY / /09/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
LS TO 1 THE JUDICIAL MAGISTRATE, RADHAPURAM.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.
4/5
3 THE SUB INSPECTOR OF POLICE THISAYANVILLAI POLICE STATION, TIRUNELVELI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO:
THE OFFICER INCHARGE LIGHT SOCIAL WELFARE TRUST, ARUMUGANERI
ORDER
IN CRL OP(MD) No.13761 of 2024 Date :22/08/2024 SS/SG/SAR- /05/09/2024/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5