Pitchaikan v. State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY
1. Pitchaikani ...1st Petitioner/Accused No.1
2. Sivaprakash, ...2nd Petitioner/Accused No.2
3. Arjun, ...3rd Petitioner/Accused No.4
4. Rajavel Murugan @ Rajavel @ Sigh, ...4th Petitioner/Accused No.5
5. Ishwar, ...5th Petitioner/Accused No.8
6. Rajapandiyan, ...6th Petitioner/Accused No.9 Vs State of Tamil Nadu, Represented By, The Inspector of Police, Chinnamannur Police Station, Theni District.
(Crime No.379/2024).
... Respondent/Complainant For Petitioners : S.Sarvagan Prabhu, Advocate. For Respondent : Mr.A.Albert James, Government Advocate (Crl.Side) 1/5
PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.379 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners / Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 326(g), 248 BNS and 3 and 6 of Explosive Act in Crime No.379 of 2024, seek anticipatory bail.
2. The case of the prosecution is that due to political rivalry, the petitioners herein have engaged the hooligans and thrown the petrol bomb inside the house of defacto complainant. Hence, the case.
3. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) appearing for the respondent Police and perused the materials available on record.
4. Considering the fact that due to political motive, the petitioners herein 2/5
engaged the hooligans and thrown the petrol bomb inside of the house of the defacto complainant, I am inclined enlarge the petitioners on anticipatory bail. 5.Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Uthamapalayam, Theni District, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) each 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 petitioners 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 petitioners 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 petitioners shall not tamper with evidence or witness either during investigation or trial;
(d)the petitioners shall not abscond either during investigation or trial; 3/5
(e)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 abscond, a fresh FIR can be registered under Section 229-A IPC.
sd/- 01/10/2024 / TRUE COPY / /10/2024 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE JUDICIAL MAGISTRATE, UTHAMAPALAYAM, THENI DISTRICT, 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI.
3.THE INSPECTOR OF POLICE, CHINNAMANNUR POLICE STATION, THENI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.S.SARVAGAN PRABHU, Advocate ( SR-12058[I] dated 03/10/2024 ) 4/5
ORDER
IN CRL OP(MD) No.16738 of 2024 Date :01/10/2024 RK/MMS (17/10/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5