Raja v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/10/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Raja, ... Petitioner/Sole Accused Vs The State of Tamil Nadu, Rep by the Inspector of Police, Vallam Police Station, Thanjavur District.
Crime No. 92/2024.
... Respondent/Complainant For Petitioner : Mr.Senthilkumar R, Advocate.
For Respondent : Mr.Thanga Aravind, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- PRAYER:- For Anticipatory Bail in Crime No. 92 of 2024 on the file of the respondent Police.
ORDER : The Court made the following order :- The petitioner/accused who apprehends arrest at the hands of the respondent police for the offences punishable under sections 379 and 506(i) of I.P.C., in Crime 1/5
No. 92 of 2024 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the case was registered on the complaint of one Ramesh, S/o.Vadivel that this petitioner who mortgaged his car bearing Registration No.TN-31-CD-8910 and has taken the car without redeem the mortgage.
3. The learned counsel for the petitioner would submit that the petitioner, who apprehends arrest in Crime No.92 of 2024, has filed an application seeking anticipatory bail in Crl.O.P(MD)No.9776 of 2024 and the same was dismissed, considering the antecedent as against the petitioner. 4.Heard the learned Government Advocate (Crl.Side) appearing for the respondent.
5.Though this Court was inclined to grant anticipatory bail to the petitioner considering the nature of offence made against this petitioner, this Court dismissed the earlier application considering his antecedent. Today the petitioner has produced a document executed by the de-facto complainant that he has amicably settled the issue with regard to the issue of the car in bearing Registration No.TN-31-CD-8910 that the petitioner has already paid the mortgage amount and the car was also returned.
6.Considering the nature of the offence, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 2/5
7. Accordingly, this Criminal Original Petition is allowed and 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.II,Thanjavore, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties 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:
i. The petitioner and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the Government in proof of their residence address; ii. The petitioner shall appear before the respondent police daily at 10.30 a.m unitl further orders.
iii. The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. The petitioner shall be available for the trial as well.
iv. On violation of any of the above conditions by the petitioner, the 3/5
respondent police shall move an application for cancellation of the anticipatory bail.
sd/- 25/10/2024 / 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 NO.II, THANJAVORE.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJORE DISTRICT AT KUMBAKONAM. 3 THE INSPECTOR OF POLICE, VALLAM POLICE STATION, THANJAVUR DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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ORDER
IN CRL OP(MD) No.18063 of 2024 Date :25/10/2024 SA/JGB/SAR. /06.11.2024/5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5