Dileepan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/10/2024 PRESENT The Hon`ble Mr.Justice K. RAJASEKAR 1.Dileepan 2.Pandiyarajan @ Pandi 3.Dhipakar @ Dhivakar 4.Chinaraj @ Chinnaparaj 5.Karthik @ Karthi 6.Akilan ... Petitioners/ Accused No.1 to 6 Vs The State of Tamil Nadu, Rep by the Sub Inspector of Police, Sivakasi East Police Station, Virudhunagar District.

Crime No.519 of 2024. ... Respondent 1/5

For Petitioner : Mr.R.Jagadeeshwaran For Respondent : Mr.P.Kottaichamy Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No. 519 of 2024 on the file of the Respondent Police.

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 191(2), 191(3), 296(b) and 118(1) BNS, in Crime No. 519 of 2024, seek anticipatory bail. 2.The case of the prosecution is that due to family dispute between the parties, the accused have abused the defacto complainant in filthy language and attacked him with wooden log and caused injury. Hence, the complaint.

3. The learned counsel appearing for the petitioners submits that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioners. 2/5

4. The learned Government Advocate (Crl.Side) appearing for the respondent Police submits that the injured has been discharged from the hospital and there are no previous cases pending against the petitioners. 5.Considering the facts and circumstances of the case and considering the fact that the injured was discharged from the hospital and also considering the fact there are no bad antecedents as against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 6.

Accordingly, this Petition is allowed and the petitioners are ordered to be released on bail in the event of 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-II, Sivakasi, Virudhunagar District, on condition that the petitioners shall execute a bond for a sum of Rs.

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(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;

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

jbr TO

1. THE JUDICIAL MAGISTRATE-II, SIVAKASI, VIRUDHUNAGAR DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT @ SRIVILLIPUTHUR.

3. THE SUB INSPECTOR OF POLICE, SIVAKASI EAST POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

+1 CC to M/s.R.JEGADEESHWARAN, Advocate ( SR-12363[I] dated 09/10/2024 )

ORDER

IN CRL OP(MD) No.17399 of 2024 Date :09/10/2024 RK/JGB (16/10/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5