Karuthapandi 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 Karuthapandi, ... Petitioner/Accused No.2 Vs The State of Tamil Nadu, Rep by the Inspector of Police, Peraiyur Police Station, Madurai.

Crime No. 190/2024.

... Respondent/Complainant For Petitioner : Mr.D.Muthupandi, 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. 190 of 2024 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioner/Accused No.2, who apprehend arrest at the hands of the 1/5

respondent police for the offences punishable under Sections 194 of BNSS Act, 2023 @ 108 of BNS Act, 2023 in Crime.No.190 of 2024, seek anticipatory bail. 2.The case of the prosecution is that the petitioner along with other accused quarreled with the deceased in this case and also attacked him. Unable to bear the insult, the deceased has committed suicide by drinking poison. 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 investigation in this case is not yet completed since the Forensic report is awaited. He further submitted that the co-accused have been released on bail.

5.Considering the nature of allegation against the petitioner and that the coaccused have been released on bail, 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 District Munsif cum Judicial Magistrate, 2/5

Peraiyur, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/-(Rupees Twenty 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 until further orders;

(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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, PERAIYUR.

2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE INSPECTOR OF POLICE, PERAIYUR POLICE STATION, MADURAI.

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

+1 CC to M/s.D.MUTHUPANDI, Advocate ( SR-12354[I] dated 09/10/2024 )

ORDER

IN CRL OP(MD) No.17277 of 2024 Date :09/10/2024 4/5

PSP/ MMS /SAR /23.10.2024/ 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5