Madras High CourtCRL OP(MD)/15595/2024allowed

Muthuselvam v. The State Of Tamilnadu

2024-09-18Honourable Mr Justice D.Bharatha Chakravarthy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY

1. Muthuselvam

2. Prasanna @ Prasanna Venkatesan

3. Sankar Ganesh

4. Prathap

5. Aravinth

6. Mufaraq @ Mubrak Ali

7. Saravanan

8. Durai ... Petitioners/Accused Nos.1 to 8 Vs The State of Tamilnadu, Rep by the Inspector of Police, K.K.Nagar Police Station, Trichy District.

Crime No.97 of 2024.

... Respondent/Complainant 1/5

For Petitioner : Mr.M. Yesudasan, 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.97 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/A1 to A8 who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 294(b), 323, 324 and 506(ii) of I.P.C. r/w Sections 3(1)(r) and 3(1)(s) of SC/ST (POA) Act 2015 @ Sections 147, 294(b) and 506(i) of IPC, in Crime No.97 of 2024 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that due to money dispute, the petitioners along with other accused attacked the defacto complainant and his brother with aruval and damaged his car. Further, they had also taken Rs.9,800/- from him and also threatened him with dire consequences.

3.Heard. Perused the materials available on record including the First Information Report.

4.Considering the nature of occurrence that on account of money dispute, there 2/5

was a threat and considering the fact that the case has since been altered and that there are no injuries, this court is inclined to grant anticipatory bail to the petitioners with certain conditions:

5.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.II, Trichy 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 the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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 first petitioner shall report before the respondent police daily at 10.30 a.m., for a period of three weeks and thereafter, as and when required for interrogation; the petitioners 2 to 8 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.

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]. [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

sd/- 18/09/2024 / TRUE COPY / / 09 /2024 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO 1 THE JUDICIAL MAGISTRATE NO.II, TRICHY.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

4/5

3 THE INSPECTOR OF POLICE, K.K.NAGAR POLICE STATION, TRICHY DISTRICT.

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

ORDER

IN CRL OP(MD) No.15595 of 2024 Date :18/09/2024 PSP/ JGB /SAR /25.09.2024/ 5P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5