T.Singaravelumurugan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/10/2024 PRESENT The Hon`ble Mr.Justice K.RAJASEKAR

1. T.Singaravelumurugan,

2. Rengash, ... Petitioners/Accused Rank Not Known Vs The State of Tamil Nadu, Rep by the Inspector of Police, Uvari Police Station, Uvari, Tirunelveli District.

Crime No. 95/2024.

... Respondent/Complainant For Petitioner : M/s Palanivelayutham.S, Advocate. For Respondent : Mr.P.Kottaichamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL UNDER SECTION 482 OF BNSS PRAYER :- For Anticipatory Bail in Crime No. 95 of 2024 on the file of the respondent Police. 1/5

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 294(b), 323 and 506(i) IPC in Crime.No.95 of 2024, seek anticipatory bail.

2.The case of the prosecution is that due to quarrel between the petitioners and the de-facto complainant, they attacked each other. Hence, the complaint. 3.The learned counsel appearing for the petitioners submitted that the petitioners are innocent and they have not committed any offence as alleged by the prosecution and their names have been falsely implicated in this case and he prays for granting anticipatory bail to the petitioners. 4.The learned Government Advocate (Crl. Side) appearing for the respondent Police would submit that this is a case in counter and the injured has been discharged from the hospital. He would further submit that there is no previous case pending against the petitioners.

5. Considering the nature of allegation against the petitioners and that the injured has been discharged from the hospital and that there are no other bad antecedents against the petitioners, I am inclined to enlarge the petitioners on anticipatory bail with certain conditions.

6.Accordingly, the petitioners are ordered to be released on bail in the event of 2/5

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, Rathapuram, on condition that the petitioners shall execute a bond for a sum of Rs.15,000/-(Rupees Fifteen 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 one week 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; 3/5

(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 09/10/2024 / TRUE COPY / / 10 /2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

MR TO 1 THE JUDICIAL MAGISTRATE RATHAPURAM.

2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE INSPECTOR OF POLICE, UVARI POLICE STATION, UVARI, TIRUNELVELI DISTRICT.

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

+2 CC to M/s.S.PALANI VELAYUTHAM, Advocate ( SR-12343[I] dated 09/10/2024 ) 4/5

ORDER

IN CRL OP(MD) No.17271 of 2024 Date :09/10/2024 PSP/ MMS /SAR /23.10.2024/ 5P/ 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5