Kavi Alias Kavimurugananthan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Kavi @ Kavimuruganathan ... Petitioner/Accused No.11 Vs The Inspector of Police, Perunazhi Police Station, Ramanathapuram District.

Cr.No.56/2024 ... Respondent/Complainant For Petitioner :

Mr.K.Sathish Kumar, 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.56/2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/A11, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 310(4) of BNS and Section 27(1) of Arms Act, 1959, in Cr.No.56 of 2024, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner and the other accused are 1/4

said to have prepared a dacoity. Hence, the complaint. 3.Heard both sides.

4.Considering the nature of the occurrence in this case that the accused were planning to commit dacoity and the petitioner is alleged to have given information and also considering the argument of the learned counsel for the petitioner that the petitioner is a permanent resident of Madurai and is studying in Pasumpon Thiru Muthuramalinga Thevar Memorial College, Kamuthi, and only for the temple festival, he visited the mother's native place, 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 learned Judicial Magistrate, Kamuthi, on condition that the petitioner shall execute a bond for a sum of Rs.

(b)the petitioner shall report before the respondent police daily at 06.30 p.m, for a period of three weeks and thereafter, as and when required for interrogation; (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/- 23/09/2024 / TRUE COPY / /10/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS TO 1 THE JUDICIAL MAGISTRATE, KAMUTHI.

2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

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

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

+1 CC to M/s.K.SATHISH KUMAR, Advocate ( SR-11589[I] dated 23/09/2024 )

ORDER

IN CRL OP(MD) No.15963 of 2024 Date :23/09/2024 RS/JGB/SAR-(03.10.2024) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4