Alagarsamy v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY
1. Alagarsamy,
2. Rajamuthu,
3. Alagar, ... Petitioners/Accused Nos.4to6 Vs The State of Tamilnadu Rep. By The Inspector of Police, Thenkarai Police Station, Theni District.
Crime No. 429/2024..
... Respondent/Complainant For Petitioners : M/s. Micheal Sebastin.B, Advocate.
For Respondent : Mr.A.Albert James, Government Advocate (Crl.Side) For Intervener : Mr.A.Purantharashasar, Advocate.
PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/5
PRAYER :- For Anticipatory Bail in Crime No.429 of 2024 on the file of the Respondent police.
ORDER : The Court made the following order :- The petitioners/A4 to A6, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 189(2), 329(4), 308(2) of the Bharatiya Nyaya Sanhita, 2023, in Crime No.429 of 2024, seek anticipatory bail. 2.The case of the prosecution is that the defacto complainant is a Doctor and also running a clinic. The petitioners are said to have approached the defacto complainant by introducing themselves as press persons and stating that they are having audio and other records about the sexual harassment of the female employees working in his clinic and also demanded a sum of Rs.25,000,00/-. They further stated that if he failed to give the above said amount, they will publish it in all the newspapers. Hence, the complaint.
3.Heard both sides.
4. The learned counsel appearing on behalf of the defacto complainant 2/5
opposes the application since he would also produce the pen drive containing the footage and he would file the set of documents to show that actually these persons claiming to be press persons came to the defacto complainant's place and threatened the defacto complainant.
5.Considering the nature of the allegations in this case that the petitioners, who are all press persons are said to have gone to the defacto complainant's place and threatened him for a ransom of Rs.25,00,000/- and considering the argument of the learned counsel for the petitioners that the entire incident is there on the CCTV footage and no such demand has been made and as press persons, being the relative of the victim girl, the petitioners only went to the place of the defacto complainant to ask for justice, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6.Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate Court, Periyakulam, 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 learned Magistrate concerned and on further 3/5
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; (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; 4/5
(f)if the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.
sd/- 16/10/2024 / TRUE COPY / /10/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
DSS TO 1 THE JUDICIAL MAGISTRATE PERIYAKULAM, THENI DISTRICT.
2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT. 3 THE INSPECTOR OF POLICE, THENKARAI POLICE STATION, THENI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.B.MICHEAL SEBASTIN, Advocate ( SR-12539[I] dated 16/10/2024 )
ORDER
IN CRL OP(MD) No.17248 of 2024 Date :16/10/2024 SS/MMS/SAR- /24/10/2024/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5