N Bhavun Raj @ Paun 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 N.Bhavun Raj @ Paun, ... Petitioner/Sole Accused Vs The State of Tamil Nadu, Rep by the Inspector of Police, Thondi Police Station, Ramanathapuram District Crime No. 163/2024.

... Respondent/Complainant For Petitioner : Mr.K.Ramanathan, 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. 163 of 2024 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioner/sole accused, who apprehend arrest at the hands of the respondent 1/5

police for the offences punishable under Sections 296(b), 118(1) and 351(2) of BNS in Crime.No.163 of 2024, seek anticipatory bail. 2.The case of the prosecution is that due to quarrel between the petitioner and the de-facto complainant, they attacked each other. Hence, the complaint. 3.The learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and his name has been falsely implicated in this case and he prays for granting anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl. Side) appearing for the respondent Police would submit that the injured has been discharged from the hospital. He would further submit that there is no previous case pending against the petitioner.

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

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Thiruvadanai, Ramanathapuram District, on condition that the petitioner shall execute a bond for a 2/5

sum of Rs.15,000/-(Rupees Fifteen Thousand only) with two sureties, 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 petitioner 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 petitioner 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 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]; 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 THIRUVADANAI, RAMANATHAPURAM DISTRICT.

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

3 THE INSPECTOR OF POLICE, THONDI POLICE STATION, RAMANATHAPURAM DISTRICT

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

ORDER

IN CRL OP(MD) No.17275 of 2024 Date :09/10/2024 4/5

PSP/ JGB /SAR /25.10.2024/ 5P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5