Ananth @ Anandhan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Ananth @ Anandhan, ... Petitioner/Accused No.3 Vs The State of Tamil Nadu, Rep by the Inspector of Police, Palaviduthi Police Station, Karur District.

Crime No. 181/2024.

... Respondent/Complainant For Petitioner : M/s Gokulraj.S, 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. 181 of 2024 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 137(2) and 351(3) 1/5

BNS, 2023 r/w. Sections 3 & 4 of Tamil Nadu Probation of Charging Exorbitant Interest Act, 2003, in Cr.No. 181 of 2024, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant had borrowed a sum of Rs.2,50,000/- from the petitioner and repaid Rs.7,00,000/- towards principal and interest. When the defacto complainant asked the petitioner to return back the unfilled pro-note and cheque leaves, the petitioner and other accused threatened the defacto complainant and his father. Hence, the complaint.

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

4.Considering the facts and circumstances of the case and also considering the nature of allegation that this petitioner also accompanied the prime accused, who is said to have abducted the defacto complainant, who was supposed to pay him some amount and got signatures in a number of promissory notes and other documents, considering the fact that the petitioner is arrayed as A3 and that he has got no other bad antecedent, I am inclined to enlarge the petitioner on anticipatory bail with certain conditions.

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5. Accordingly, this Petition is allowed and 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 learned Judicial Magistrate No.I, Kulithalai, on condition that the petitioner shall execute a bond for a sum of 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 report before the respondent police daily at 10.30 am for a period of 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;

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(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioner 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 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 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/- 12/09/2024 / TRUE COPY / /09/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE JUDICIAL MAGISTRATE NO.I KULITHALAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KARUR.

THE INSPECTOR OF POLICE, PALAVIDUTHI POLICE STATION, KARUR DISTRICT.

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

+1 CC to M/s.S.GOKULRAJ, Advocate ( SR-11316[I] dated 13/09/2024 )

ORDER

IN CRL OP(MD) No.15438 of 2024 Date :12/09/2024 SS/SG/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