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Madras High CourtCRL OP(MD)/17670/2024allowed

Vallarasu v. The State Of Tamilnadu

2024-10-22Honourable Mr Justice D.Bharatha Chakravarthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Vallarasu, ... Petitioner/Accused No.2 Vs The State of Tamilnadu, Rep. by the Inspector of Police, Jaihindpuram Police Station, Madurai City.

Crime No.549/2024.

... Respondent/Complainant For Petitioner : Mr.V.Ayyappan, Advocate.

For Respondent : Mr.A.Albert James, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL UNDER SECTION 482 OF BNSS PRAYER :- For Anticipatory Bail in Crime No.549 of 2024 on the file of the Respondent police. ORDER : The Court made the following order :- The petitioner/A2, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 126(2), 127(2), 115(2), 118(1) and 351(3) of BNS 2023, in Crime No. 549 of 2024, on the file of the respondent police, seeks anticipatory bail.

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2.The case of the prosecution is that due to previous enmity, the petitioner and other accused abused the defacto complainant in filthy language and attacked him with sickle.

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

4.Considering the fact that the occurrence arose on account of a dispute with reference to parking of the vehicles and that the injured was discharged from the hospital and there are no other bad antecedents against the petitioner, I am inclined to enlarge the petitioner on anticipatory bail, with certain conditions: 5.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.IV, Madurai, on condition that the petitioner shall execute a bond for a sum of Rs.

card or Bank Pass Book to ensure their identity. [b] the petitioner shall report before the respondent Police, daily at 10.30 a.m., for a period of three weeks and thereafter, as and when required for interrogatin. [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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 22/10/2024 / TRUE COPY / / 11 /2024 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE JUDICIAL MAGISTRATE NO.IV, MADURAI.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE INSPECTOR OF POLICE, JAIHINDPURAM POLICE STATION, MADURAI CITY.

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

+1. CC to AYYAPPAN V Advocate SR.No.12873(I) dated 22/10/2024

ORDER

IN CRL OP(MD) No.17670 of 2024 Date :22/10/2024 PSP/ JGB /SAR /07.11.2024/ 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4