V. Seetharaman v. State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY V.Seetharaman ... Petitioner/Accused No.2 Vs The State of Tamil Nadu rep by The Inspector of Police, Alangulam Police Station, Tenkasi District.
(Crime No.427 of 2024) ... Respondent/Complainant For Petitioner :
M/s.S.Kumar, Advocate.
For Respondent :
Mr.A.Albert James, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.427 of 2024 on the file of the Respondent Police.
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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 Section 24(1) of COTPA Act 2003, and Section 77 of Juvenile Justice Protection Act 2015, in Crime No.427 of 2024 on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that on 08.10.2024, when the respondent police was patrolling, the first accused was in possession of a plastic bag containing Ganesh Tobacco and Cool lip. Hence, the case was registered.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he is no way connected with the alleged offence and he is falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioner.
4.The learned Government Advocate(Crl.sdie) appearing for the State would submit that no previous is pending against the petitioner. 5.Considering the nature of the allegation against the petitioner that the recovery has been made from the other accused, this petitioner being the brother of the said accused and considering the argument of the learned counsel for the petitioner that the petitioner has also filed a private complaint two days before the lodging of the First Information Report, I am inclined to enlarge the petitioner on 2/5
anticipatory bail.
6. Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or his appearance, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Alangulam. (i)the sureties shall affix his photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of his Aadhar card or Bank Pass Book to ensure his identity; (ii)the petitioner shall report before the respondent Police, daily at 10.30 am for a period of three weeks and thereafter as and when required for interrogation. It is made clear that no relaxation of the condition for the said period will be entertained by this court;
(iii)the petitioner shall not tamper with evidence or witness; iv)the petitioner shall not abscond during trial. v)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]. 3/5
(vi)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 19/10/2024 / TRUE COPY / /11/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
NS To 1.The Judicial Magistrate, Alangulam.
2.Do through the Chief Judicial Magistrate, Tenkasi District.
3.The Inspector of Police, Alangulam Police Station, Tenkasi District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.S.KUMAR, Advocate ( SR-12822[I] dated 21/10/2024 )
ORDER
IN CRL OP(MD) No.17830 of 2024 Date :19/10/2024 4/5
ED/ MMS /SAR- (15/11/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5