Muthu Surya @ Muthu Suresh v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Muthu Surya @ Muthu Suresh, ... Petitioner/Accused Vs The State of Tamil Nadu, Rep by the Sub Inspector of Police, Balamedu Police Station, Madurai District Crime No 163/2024.

... Respondent/Complainant For Petitioner : Mr.Jayaseelan K, 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. 163 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 Section 191(2) BNS, 2023 and Sections 5 and 1/5

25(1)(a) of Arms Act, in Cr.No. 163 of 2024, seeks anticipatory bail.

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

3. The allegations in this case are serious. The petitioners all joined together in the bus stand and created a huge ruckus in the guise of celebrating the birthday of A1 and they were seem to be holding dangerous weapons and also they had burst crackers by keeping it on their heads and they caused grave annoyance to the public. However, only considering the fact that the petitioner is said to be a student and that there are no other bad antecedent, I am inclined to enlarge the petitioner with certain conditions.

4.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, Vadipatti, Madurai District, 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 2/5

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 also report before the Superintendent of Government Rajaji Hospital, Madurai, in the inpatient ward and shall perform manual labour assisting the cleaning staff to clean the ward and the bathrooms for three working days and the said fact to be reported to the investigating officer. (c) 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;

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

(e)the petitioner shall not abscond either during investigation or trial; (f)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; 3/5

(g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 26/09/2024 / TRUE COPY / /10/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

LS TO 1 THE JUDICIAL MAGISTRATE, VADIPATTI, MADURAI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE SUB INSPECTOR OF POLICE, BALAMEDU POLICE STATION, MADURAI DISTRICT.

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

COPY TO:

THE SUPERINTENDENT OF GOVERNMENT RAJAJI HOSPITAL, MADURAI.

+1 cc to Mr.K.JAYASEELAN, Advocate, SR.No.54919 (F) DT.30/09/2024 4/5

ORDER

IN CRL OP(MD) No.16292 of 2024 Date :26/09/2024 SA/MMS/SAR. /16.10.2024/5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5