Balakrishnan 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 Balakrishnan ... Petitioner/Accused Rank not known Vs State through The Inspector of Police, Mandapam Police Station, Ramanathapuram District.

Crime No.111 of 2024..

... Respondent/Complainant For Petitioner : Mr.A.Ilayaraja, Advocate.

For Respondent : Mr.A.Albert James, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 482 BNSS PRAYER :- For Anticipatory Bail in Crime No.111 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 1/5

police for the offences punishable under Sections 296(b), 115(2) of BNS, 2023 and Section 4 of TNPWH Act, in crime No.111 of 2024 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner attacked the de-facto complainant and caused simple injuries.Hence, the respondent police registered a case against the petitioner.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed the offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioner. 4.Heard the learned Government Advocate(Crl.sdie) appearing for the State. 5.Considering the nature of the allegation that it is a case and counter relating to the dispute arising out of the self help group, I am inclined to enlarge the petitioner on anticipatory bail.

6. Accordingly, this Criminal Original Petition is allowed and the petitioner is 2/5

ordered to be released on bail in the event of arrest or his 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, Rameshwaram, Ramanathapuram 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 petitioner 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 petitioner shall not tamper with evidence or witness; iv)the petitioner 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 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]. (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, RAMESHWARAM, RAMANATHAPURAM DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3 THE INSPECTOR OF POLICE MANDAPAM POLICE STATION, RAMANATHAPURAM DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.A.ARPUTHARAJ, Advocate ( SR-10499[I] dated 28/08/2024 ) 4/5

ORDER

IN CRL OP(MD) No.14074 of 2024 Date :27/08/2024 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