Nagarajan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Nagarajan, ... Petitioner/Sole Accused Vs The State of Tamilnadu, Rep by the Inspector of Police, Viralimalai Police Station, Pudukkottai District.

Crime No.283 of 2024.

... Respondent/Complainant For Petitioner : Mr.N Palaniyandi, 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.283 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Sole Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 324, 447 and 506

(2) of I.P.C., in Crime No.283 of 2024 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that on 11.06.2024 at about 02.15 p.m., when the 1/4

defacto complainant came to his coconut grove, he found that the coconut saplings were grazed by the petitioner's cows. When the same was questioned by the defacto complainant, the petitioner abused him in filthy language and attacked him with stones.

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

4.Considering the nature of occurrence that it is a case and counter and the injured was discharged from the hospital and there are no other antecedents against 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 on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate Court, Viralimalai, 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 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 petitioner and the sureties shall affix their photographs and Left Thumb 2/4

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 a.m., for a period of two 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 30/09/2024 / 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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SJI TO 1 THE JUDICIAL MAGISTRTE VIRALIMALAI, PUDUKKOTTAI DISTRICT.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI DISTRICT.

3 THE INSPECTOR OF POLICE, VIRALIMALAI POLICE STATION, PUDUKKOTTAI DISTRICT

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

+1 CC to M/s.NA.PALANIYANDI, Advocate ( SR-12024[I] dated 01/10/2024 )

ORDER

IN CRL OP(MD) No.16558 of 2024 Date :30/09/2024 PSP/ JGB /SAR /19.10.2024/ 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4