S.Manikandan v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY
1. S.Manikandan,
2. A.Shanmugam,
3. Thamilarasi, ... Petitioners/Accused Nos.not known Vs The State of Tamil Nadu, Rep by the Inspector of Police, Aranthangi Police Station, Pudukkottai District.
Crime No. Not known Of 2024.
... Respondent/Complainant For Petitioners : Mr.Karthick.N, Advocate for M/s. Spicy Law Firm, Advocate.
For Respondent : Mr.A.Albert James, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS / 438 of Cr.P.C 1/5
PRAYER :- For Anticipatory Bail in Crime No. Not known of 2024 on the file of the respondent Police.
ORDER : The Court made the following order :- Even though this petition is filed at the stage of crime number not known, when the matter came up for hearing, the learned Government Advocate (Crl.Side) would submit that now, the case has been registered in Crime No.393 of 2024 for the alleged offences under Sections 296(b), 118(1) and 351(3) of BNS, 2023.
2. The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 118(1) and 351(3) of BNS, 2023, in Crime No.393 of 2024, seek anticipatory bail. 3.The case of the prosecution is that due to money dispute, the petitioners are said to have abused the defacto complainant in filthy language and assaulted her and caused injury. Hence, the complaint.
4.Heard both sides.
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5.Considering the nature of the allegations that the occurrence arisng out of the money dispute and also considering the facts that the matter relates to case and counter and the injured was discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 6.Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate Court, Aranthangi, Pudukottai 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.
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 abscond, a fresh FIR can be registered under Section 229-A IPC.
sd/- 10/09/2024 / TRUE COPY / /09/2024 Sub-Assistant Registrar (CS- I/ II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
DSS TO
1. The Judicial Magistrate Court, Aranthangi, Pudukottai District, 4/5
2. Do-Through The Chief Judicial Magistrate, Pudukottai District.
3. The Inspector of Police, Aranthangi Police Station, Pudukkottai District.
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.M/S.SPICY LAW FIRM, Advocate ( SR-11161[I] dated 11/09/2024 )
ORDER
IN CRL OP(MD) No.15180 of 2024 Date :10/09/2024 RK/SG (24/09/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5