Sudharsan v. State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Sudharsan, ... Petitioner/Accused Rank Not Known Vs State of Tamilnadu, Rep. by the Inspector of Police, Thirumayam Police Station, Pudukottai District, (In Crime No. 4 of 2023).
... Respondent/Complainant For Petitioner : Mr.S Ayyanar Prem 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. 4 of 2023 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 120B, 147, 148, 294(b) and 307 IPC 1/4
in Crime.No.4 of 2023, seeks anticipatory bail. 2.The case of the prosecution is that due to business motive, the petitioner herein and other accused have attacked the defacto complainant's father with Aruval and also abused him in filthy language. Hence, the complaint.
3. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent Police and perused the materials available on record.
4. Considering the nature of allegations in this case that totally 15 accused are said to have attacked the defacto complainant on account of business rivalry and considering the fact that there are no previous antecedents against the petitioner and also considering the age of the petitioner, 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, Thirumayam, Pudukkottai 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: 2/4
(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; (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.
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TRP TO 1 THE JUDICIAL MAGISTRATE, THIRUMAYAM, PUDUKKOTTAI DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.
3 THE INSPECTOR OF POLICE, THIRUMAYAM POLICE STATION, PUDUKOTTAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.S.AYYANAR PREM KUMAR, Advocate ( SR-11906[I] dated 27/09/2024 ) ORDER IN CRL OP(MD) No.16440 of 2024 Date :27/09/2024 SA/JGB/SAR. /17.10.2024/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4