Karthik Alias Karthigairaja v. State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY
1. Karthik Alias Karthigairaja,
2. Dhivagar,
3. Vadivel,
4. Subbaiah Alias Pattalam,
5. Gomathi,
6. Muthulakshmi, ... Petitioners/Accused 1 to A6 Vs State of Tamilnadu, Rep. by Sub Inspector of Police A.Mukkulam Police Station, Virudhunagar District (Crime No. 89 of 2024).
... Respondent/Complainant For Petitioner : Mr.Veerapandi P, 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.89 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 191(2), 296(b), 115(2), 351(2) of BNS, 2023 in Crime No.89 of 2024, seek anticipatory bail. 2.The case of the prosecution is that due to family dispute, the petitioners herein have attacked the defacto complainant and also abused him in filthy language. 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 nature of allegations that all these petitioners attacked the defacto complainant's son-in-law and that the injured was treated as outpatient and 2/5
that there are no other bad antecedents as against the petitioners, 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, Thiruchuli on condition that the petitioners shall execute a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) each with two common 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/- 03/10/2024 / TRUE COPY / /10/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
TRP TO 1 THE JUDICIAL MAGISTRATE THIRUCHULI.
2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, VIRUTHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
3 THE SUB INSPECTOR OF POLICE A.MUKKULAM POLICE STATION, VIRUDHUNAGAR DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
4/5
+1 CC to M/s.P.VEERAPANDI, Advocate ( SR-12195[I] dated 04/10/2024 )
ORDER
IN CRL OP(MD) No.16818 of 2024 Date :03/10/2024 SS/MMS/SAR- /22/10/2024/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5