Senthilmurugan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY
1. Senthilmurugan,
2. Subash, ... Petitioners/Accused No.2&3 Vs The Inspector of Police, Murappanadu Police Station, Murappanadu, Thoothukudi District.
(Crime No.255 of 2024).
... Respondent/Complainant For Petitioners : M/s.N.Pragalathan,Advocate. For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL UNDER SECTION 482 OF BNSS Petitioner 1/5
RAYER :- For Anticipatory Bail in Crime No.255 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/A2 & A3, who apprehend arrest at the hands of the respondent police for the offence punishable under Section 303(2) of the Bharatiya Nyaya Sanhita BNS, 2023, in Crime No.255 of 2024, seek anticipatory bail. 2.The case of the prosecution is that the petitioners and other accused had illegally transported 1/2 unit of saral sand. Hence, the complaint. 3.Heard both sides.
4.Considering the nature of the allegations, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 5.Accordingly, each petitioner shall pay a sum of Rs.1,000/- (Rupees One Thousand only) to the credit of Headmistress, Government Higher Secondary School, Maharajapuram, Watrap Taluk, Virudhunagar District, (Account No.30596803302, CIF No; 85390730313, IFSC Code: SBIN0000921, State Bank of India, Srivilliputur Branch), without prejudice to their rights and contentions before the trial Court and produce the receipt/acknowledgement before the learned Judicial Magistrate Court No.1, Srivaikundam, Thoothukudi District.
6.On production of such receipt, the petitioners are ordered to be released on 2/5
bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate Court No.1, Srivaikundam, Thoothukudi District 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 two 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 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; 3/5
(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 03/09/2024 / TRUE COPY / /09 /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 COURT NO.1 SRIVAIKUNDAM 2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT.
3 THE INSPECTOR OF POLICE MURAPPANADU POLICE STATION, MURAPPANADU, THOOTHUKUDI DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
4/5
COPY TO THE HEADMISTRESS, GOVERNMENT HIGHER SECONDARY SCHOOL, MAHARAJAPURAM, WATRAP TALUK, VIRUDHUNAGAR DISTRICT, +1 CC to M/s.N.PRAGALATHAN, Advocate ( SR-10825[I] dated 04/09/2024 )
ORDER
IN CRL OP(MD) No.14655 of 2024 Date :03/09/2024 PSP/ VR /SAR /20.09.2024/ 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5