Kumar 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

1. Kumar

2. Samiambalam

3. Ilamparuthi

4. Saraswathi

5. Suseendran

6. Rajesh ... Petitioners / Accused No.1 to 6 Vs The State of Tamil Nadu, Rep by the Inspector of Police, Kadupatty Police Station, (Crime No.125 of 2024.) ... Respondent/Complainant For Petitioners :

Mr.Ilayaraja R, Advocate.

For Respondent :

Mr.A.Albert James, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/5

PRAYER :- For Anticipatory Bail in Crime No.125 of 2024 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused Nos.1 to 6, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 329 (3), 296(b), 126, 324 (4), 351(3), 118(1), 115(2)of BNS 2023 r/w Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002 in Crime No.125 of 2024, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to pathway dispute arose between the petitioners and the defacto complainant, the petitioners herein abused the defacto complainant by using filthy language and threatened him with dire consequences. Hence, the complaint.

3. Heard. Perused the materials available on record including the First Information Report.

4. The learned counsel appearing for the petitioners would submit that the petitioners did not commit any offence as alleged by the prosecution. Hence, he prays for anticipatory bail.

5. The learned Government Advocate (Criminal Side) appearing for the 2/5

respondent Police would submit that the injured has been discharged from the hospital.

6. Considering the fact that it is a pathway dispute and considering the fact that the injured has been discharged from the Hospital, I am inclined to enlarge the petitioners on anticipatory bail with certain conditions:

7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Vadipatty, on condition that the petitioners shall execute a bond for a sum of Rs.

10,000/- (Rupees Ten Thousand only) each with two sureties (Common surety) each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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 a.m., for a period of two weeks and thereafter, as and when required for interrogation.

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]. [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

sd/- 17/10/2024 / TRUE COPY / /11/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TSG To 1.The Judicial Magistrate, Vadipatty.

2.Do through the Chief Judicial Magistrate, 4/5

3.The Inspector of Police, Kadupatty Police Station, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.R.ILAYARAJA, Advocate ( SR-12758[I] dated 19/10/2024 )

ORDER

IN CRL OP(MD) No.17649 of 2024 Date :17/10/2024 ED/SKN /SAR- (14/11/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5