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Madras High Court/14945/2024allowed

Jeyaraj v. The State Of Tamil Nadu

2024-09-06Honourable Mr Justice D.Bharatha Chakravarthy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06.09.2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY CRL OP(MD)Nos.14945 & 14959 of 2024

1. Jeyaraj

2. Irulayee

3. Kalaiyarasi

4. Kasthuri

5. Thayammal

6. Raja ... Petitioners/Accused 2 to 5, 8 & 9 V The Inspector of Police, Theriruveli Police Station, Ramanathapuram District.

Crime No.46 of 2024 ... Respondent/Complainant For Petitioner : Mr.A.Uthayakumar, Advocate.

For Respondent : Mr.A.Albert James Government Advocate (Crl. Side) 1/5

CRL OP(MD)No.14959 of 2024 J.Kanakaraj ... Petitioners/Accused 1 Vs The Inspector of Police, Theriruveli Police Station, Ramanathapuram District.

Crime No.46 of 2024 ... Respondent/Complainant For Petitioner : Mr.D.Anbarasu, Advocate.

For Respondent : Mr.A.Albert James Government Advocate (Crl. side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.46 of 2024 on the file of the Respondent police.

COMMON ORDER : The Court made the following order :- The petitioners, who apprehends arrest at the hands of the respondent Police for the alleged offence under Sections 296(b), 115(2), 132, 351(3) of BNS Act, 2023, in Crime No.46 of 2024, seeks anticipatory bail. 2.The case of the prosecution is that while the defacto complainant and other police parties went to secure one Kanagaraj, the petitioners have abused the defacto complainant and others in filthy language and assaulted them and threatened them with dire consequences. Hence, the complaint. 2/5

3.Heard the learned counsel on either side and perused the material records of the case.

4.Considering the nature of allegations against the petitioners that all the family members threatened the police parties, who came to execute the warrant and considering the fact that the first accused has been granted anticipatory bail in the connected matter, I am inclined to enlarge the petitioners on anticipatory bail with certain conditions.

5.Accordingly, these Petitions are allowed and the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Muthukulathur, Ramanathapuram 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 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)As far as A-1 is concerned, since he has to sign before the Tallakulam Police 3/5

Station for a period of three weeks, after the exhaustive compliance of the said condition, thereafter A-1 shall report before the respondent police daily at 10.30 a.m., for a period of another three 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;

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

sd/- 06/09/2024 / TRUE COPY / /10/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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JBR TO 1 THE JUDICIAL MAGISTRATE, MUTHUKULATHUR, RAMANATHAPURAM DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3 THE INSPECTOR OF POLICE, THERIRUVELI POLICE STATION, RAMANATHAPURAM DISTRICT.

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

COPY TO:

THE INSPECTOR OF POLICE TALLAKULAM POLICE STATION, TALLAKULAM.

+1 cc to Mr.D.ANBARASU, Advocate, SR.No.11025 (I) DT.09/09/2024

ORDER

IN CRL OP(MD)Nos.14945 & 14959 of 2024 Date :06/09/2024 SA/JGB/SAR. /07.10.2024/5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5