N Ganesan v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY
1. N Ganesan,
2. P.Balamurugan @ Balu,
3. R.Jeevitha,
4. M.Karuppaiah, ... Petitioners/Accused 3,4,5 & 7 Vs The State of Tamilnadu, Rep. by the Inspector of Police, Melur Police Station Melur, Madurai District.
(Crime No.444/2024)..
... Respondent/Complainant For Petitioners : Mr.S.Raja, 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.444/2024 on the file of the Respondent Police.
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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 191(2),126(2), 296(b), 115(2), 118(1), 109(1) and 351(3) of BNS in Crime No.444 of 2024, seek anticipatory bail.
2.The case of the prosecution is that due to civil dispute, the petitioners herein have attacked the defacto complainant and also abused him in filthy language. Hence, the case.
3. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl. side) appearing for the respondent Police and perused the materials available on record.
4.Considering the nature of allegations against the petitioners and considering the fact that the prime accused, who are arrested, are already released on bail by this Court and considering the fact that the injured is discharged from the hospital and is taking higher treatment and considering the fact that the petitioners 1 to 3 do not 2/5
have any bad antecedents and the fourth petitioner is having one previous case, I am inclined enlarge the petitioners on anticipatory bail. 5.Accordingly, the petitioners are ordered to be released on bail in the event of their 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, Melur 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 respondent Police or to the Police Officer, who intends to arrest or 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.
(d)the petitioners shall not abscond either during investigation or trial; (e)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial 3/5
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; (f)if the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.
sd/- 11/09/2024 / TRUE COPY / /09/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
TRP TO 1 THE JUDICIAL MAGISTRATE MELUR.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.
3 THE INSPECTOR OF POLICE, MELUR POLICE STATION MELUR, MADURAI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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+1 CC to M/s.S.RAJA, Advocate ( SR-11166[I] dated 11/09/2024 )
ORDER
IN CRL OP(MD) No.14974 of 2024 Date :11/09/2024 SS/JGB/SAR- /25/09/2024/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5