R.Vengatesan v. The 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

1. R.Vengatesan,

2. R.Anish Karuppaih, ... Petitioners/Unknown Accused Vs The Inspector of Police, Samayanallur Police Station, Madurai District.

Crime No.72/2024..

... Respondent/Complainant For Petitioners : Mr.K.Dinesh, 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.72 of 2024 on the file of the Respondent Police. 1/5

ORDER : The Court made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offence punishable (*)U/s.147, 148, 149 of IPC Sections 3(1) of TNPPDL Act and Sections 7, 25(1-a) of Arms Act, in Crime No.72 of 2024, seek anticipatory bail.

2.The case of the prosecution is that when the defacto complainant was proceeding towards home in his bike, he found that a mob of persons rushed in the main road along with deadly weapons. They also abused him and the police officials and tried to assault them and set fire on his two wheeler. Hence, the complaint. 3.Heard both sides.

4. Since in the present case the allegation is that a mob of 48 persons came running with deadly weapons and it is alleged that the petitioners are also part of the mob, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

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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 Judicial Magistrate Court, Vadipatti, 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 three weeks 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 3/5

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]; and; (f)if the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 22/08/2024 (*)Amended as per order of this Court dated 23.09.2024 in CRL MP(MD)No.10013 of 2024 in CRL OP(MD)No.13755 of 2024 Time for executing the sureties is extended for a period of one week, from the date of receipt of a copy of this order.

/ TRUE COPY / /10/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS TO TO BE SUBSTITUTED WITH THE ORDER ALREADY DATED 22/08/2024 ALREADY DESPATCHED.

1 THE JUDICIAL MAGISTRATE VADIPATTI.

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2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE INSPECTOR OF POLICE SAMAYANALLUR POLICE STATION, MADURAI DISTRICT.

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

+1 CC to M/s.K.DINESH, Advocate ( SR-11628[I] dated 24/09/2024 )

ORDER

IN CRL OP(MD) No.13755 of 2024 Date :22/08/2024 SS/GS/SAR- /30/08/2024/5P/6C PSP/ VR /SAR /04.10.2024/ 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5