Raja @ Rajapandi v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Raja @ Rajapandi ... Petitioner/Sole Accused Vs The State of Tamil Nadu, Rep by the Inspector of Police, Nagamalaipudhukottai Police Station Madurai District. Crime No. 392/2024.
... Respondent/Complainant For Petitioner : M/s. Dhana Aravinda Balaji.V.A, Advocate. For Respondent : Mr.A.Alhert James, Government Advocate (Crl.Side) For intervenor : Mr. J. Mohammed Ibrahim, Advocate PETITION FOR ANTICIPATORY BAIL UNDER SECTION 482 OF BNSS PRAYER :- For Anticipatory Bail in Crime No. 392 of 2024 on the file of the respondent Police. 1/5
ORDER : The Court made the following order :- The petitioner/accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 194 of BNSS @ 106 of BNS in Crime.No.392 of 2024, seeks anticipatory bail. 2.The case of the prosecution is that due to previous enmity, the petitioner herein has spread rumour in the village that one deceased Prakash raped the minor girl, who is the daughter of the defacto complainant. Hence, the complaint.
3. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. side) appearing for the respondent Police and the learned counsel for the intervenor and perused the materials available on record.
4. The learned counsel appearing for the intervenor would oppose the application and submit that there is also a video which is recorded by the deceased before his suicide.
5. Considering the argument of the learned counsel for the petitioner that the petitioner did not confront the deceased with any false allegation and even the minor child and her mother have given statements against the deceased and considering the overall facts and circumstances of the case, 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 2/5
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 No.VI, Madurai on condition that the petitioner shall execute a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) 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 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 stay at Trichy and report before the Cantonment Police Station, Trichy daily at 10.30 am for a period of two weeks and thereafter, as and when required for interrogation before the respondent Police; (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 3/5
in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 17/10/2024 / 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 NO.VI, MADURAI 2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.
3 THE INSPECTOR OF POLICE, NAGAMALAIPUDHUKOTTAI POLICE STATION MADURAI DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO THE INPSPECTOR OF POLICE CANTONMENT POLICE STATION, TRICHY.
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ORDER
IN CRL OP(MD) No.17344 of 2024 Date :17/10/2024 PSP/ MMS /SAR /29.10.2024/ 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5