Senthil v. The 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

1. Senthil 2.Meenakshi 3.Rani ... Petitioners/Accused No.1 to 3 Vs The State of Tamil Nadu rep by, The Inspector of Police, Chekkamurani Police Station, Madurai District.

(Crime No.87/2024.) ... Respondent/Complainant For Petitioners :

Mr.N.Saravanan, 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.366 of 2024 on the file of the respondent Police. 1/5

ORDER : The Court made the following order :- The petitioners/A1 to A3, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 118(i), 324(4), 127(2), 351(3) of BNS and 294(b), 323, 324, 427, 342, 506(2) of IPC, in Crime No.366 of 2024, seek anticipatory bail.

2.The case of the prosecution is that due to a dispute with regarding to letting out the drainage in the land belonging to the defacto complainant, the petitioners are said to have abused the defacto complainant in filthy language and assaulted him and caused injuries. Hence, the complaint. 3.Heard both sides.

4.Considering the nature of the allegations that it is a wordy quarrel due to the dispute with reference to letting out the drainage and considering the submission made by the learned counsel for the petitioners that the petitioners will make proper arrangement for appropriate disposal of the drainage and will not let out the drainage in the land belonging to the defacto complainant, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 5.Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate Court No.II, 2/5

Usilampatti, on condition that the petitioners shall execute 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 Magistrate concerned and on further conditions 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 am for a period of three weeks and thereafter, as and when required for interrogation; (c)As per the undertaking given the petitioners, the petitioners shall file an affidavit before the trial Court that the petitioners will make proper arrangements for appropriate disposal of the drainage and will not let out the drainage in the land belonging to the defacto complainant.

(d)the petitioners shall not tamper with evidence or witness either during investigation or trial;

(e)the petitioners shall not abscond either during investigation or trial; (f)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 3/5

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; (g)if the accused thereafter abscond, 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.

DSS To 1.The Judicial Magistrate No.II, Usilampatti.

2.Do through the Chief Judicial Magistrate, Madurai District.

3.The Inspector of Police, Chekkanurani Police Station, Madurai District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.N.SARAVANAN, Advocate ( SR-12766[I] dated 19/10/2024 ) 4/5

ORDER

IN CRL OP(MD) No.17816 of 2024 Date :19/10/2024 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