Ganesan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY 1.Ganesan 2.Nachammal 3.Vikki @ Vignesh 4.Chinnaiah ... Petitioners/Accused No.1 to 4 Vs.
The State represented by The Inspector of Police, Thuvarankurichi Police Station, Trichy District.
(Crime No.166/2024) ... Respondent/Complainant For petitioners : Mr.M.Pitchai Muthu, Advocate. For Respondent : Mr.A.Albert James, Government Advocate(Crl.side) 1/5
PETITION FOR ANTICIPATORY BAIL UNDER SECTION 482 OF BNSS PRAYER :- For Anticipatory bail in Crime No.166 of 2024 on the file of the respondent police.
ORDER : The Court made the following order :- The petitioners /Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 118(1) & 351(3) BNS r/w Section 4 of TNPHW Act, in crime No.166 of 2024 on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that on 27.07.2024 the petitioners along with other accused quarreled with the de-facto complainant, assaulted her and abused her with filthy language and threatened her with dire consequences. Hence, the respondent police registered a case against the petitioners.
3. The learned counsel for the petitioners would submit that the petitioners are innocents and they have been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioners. 4.Heard the learned Government Advocate(Crl.sdie) appearing for the State. 5.Considering the nature of the allegations that there are civil disputes between the parties and there was no serious injuries and there are no bad antecedents against 2/5
the petitioners, I am inclined to enlarge the petitioners on anticipatory bail.
6. 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, Trichy 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; (ii)the petitioners shall report before the respondent Police, daily at 10.30 am for a period of two weeks and thereafter as and when required for interrogation. It is made clear that no relaxation of the condition for the said period will be entertained by this court;
(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 3/5
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/- 27/08/2024 / TRUE COPY / / 09 /2024 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.
NS TO 1 THE JUDICIAL MAGISTRATE TRICHY DISTRICT.
2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.
3 THE INSPECTOR OF POLICE THUVARANKURICHI POLICE STATION, TRICHY DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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ORDER
IN CRL OP(MD) No.14073 of 2024 Date :27/08/2024 PSP/ VR /SAR /06.09.2024/ 5P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5