S.Sankar@ Sivasankar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY S.Sankar@ Sivasankar ... Petitioner/Accused No.4 Vs The Inspector of Police, Alanganallur Police Station, Madurai District.

(Crime No.364 of 2022).

... Respondent/Complainant For Petitioner :

M/s.Bharathiveerakumar J, 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.364 of 2022 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), 118(1) and 351(3) of BNS in Crime.No.364 of 2024, seeks anticipatory bail. 2.The case of the prosecution is that due to previous motive, the 1/4

petitioner herein has attacked the defacto complainant and also abused him in filthy language. Hence, the complaint.

3. Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondent Police and perused the materials available on record.

4. Even though the allegations are serious in nature that the defacto complainant was cut in the head only considering the fact that he was discharged from the hospital after four days and also considering the fact that the petitioner is aged about 27 years and he does not have any previous antecedents, I am inclined to enlarge the petitioner on anticipatory bail 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, Vadipatti, Madurai District on condition that the petitioner shall execute a bond for a sum of Rs.

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; (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/- 27/09/2024 / TRUE COPY / /10/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP 3/4

To 1.The Judicial Magistrate, Vadipatti, Madurai District.

2.Do through the Chief Judicial Magistrate, Vadipatti.

3.The Inspector of Police, Alanganalllur Police Station, Madurai District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.J.BHARATHI VEERAKUMAR, Advocate ( SR-11903[I] dated 27/09/2024 )

ORDER

IN CRL OP(MD) No.16314 of 2024 Date :27/09/2024 ED/ JGB /SAR- (16/10/2024) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4