Oorkavalan@ Surya v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Oorkavalan@ Surya, ... Petitioner/Accused No.2 Vs The State of Tamilnadu, Rep. by the Insepctor of Police, T.Kallupatti Police Station, Madurai District.

Crime No. 196/2024..

... Respondent/Complainant For Petitioner : M/s. Mahendran. P, Advocate. For Respondent : Mr.A.Albert James, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL UNDER SECTION 482 OF BNSS PRAYER :- For Anticipatory Bail in Crime No. 196 of 2024 on the file of the Respondent police.

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ORDER : The Court made the following order :- The petitioner/A2, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 126(2), 296(b), 118(1) of Bharatiya Nyaya Sanhitha (BNS), 2023, in Cr.No.196 of 2024, seeks anticipatory bail. 2.The case of the prosecution is that when the defacto complainant was travelling in a car, the petitioner along with the other three persons drove a two wheeler and crossed behind the defacto complainant's car in a rash and negligent manner. When the same was questioned by the defacto complainant, they abused him in filthy language and attacked him with hands & wooden log. Hence, the complaint. 3.Heard both sides.

4.Considering the nature of the allegations that the petitioner was involved in a road rage when the defacto complainant was travelling in a car and accosted them as to why they are driving the two wheeler in such a rash manner, they are said to have attacked the defacto complainant with hands and also with a wooden stick, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 5.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the District Munsif Cum Judicial Magistrate, Peraiyur, Madurai District, on condition that the petitioner shall execute a bond for a sum of 2/5

Rs.10,000/-(Rupees Ten Thousand only) 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 petitioner 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 petitioner shall serve in the Accident ward and help the staffs in cleaning the ward for a period of three working days at Virudhunagar Medical College Hospital and the said service shall be certified and reported to the investigating officer by the concerned Nursing Superintendent; (c)the petitioner shall report before the respondent police daily at 10.30 a.m, for a period of two weeks and thereafter, as and when required for interrogation; (d)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e)the petitioner shall not abscond either during investigation or trial; (f)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 the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court 3/5

in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and; (g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 09/09/2024 / 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, PERAIYUR, MADURAI DISTRICT.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE INSEPCTOR OF POLICE, T.KALLUPATTI POLICE STATION, MADURAI DISTRICT.

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

COPY TO THE OFFICER INCHARGE VIRUDHUNAGAR MEDICAL COLLEGE HOSPITAL.

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+1 CC to M/s.P.MAHENDRAN, Advocate ( SR-11052[I] dated 09/09/2024 )

ORDER

IN CRL OP(MD) No.15113 of 2024 Date :09/09/2024 PSP/ SG /SAR /13.09.2024/ 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5