Malar Kannan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Malar Kannan ... Petitioner/Accused No.1 Vs The State of Tamil Needy rep by, The Inspector of Police, Kulithalai Police Station, Karur District.

(In Crime No.654 of 2024) ... Respondent/Complainant For Petitioner : M/s.P.Nagalakshmi, Advocate.

For Respondent : Mr.A.Albert James, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 482 BNSS PRAYER :- For Anticipatory Bail in Crime No.654/2024 on the file of the respondent police. 1/5

ORDER : The Court made the following order :- The petitioner/A1, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 309(4) and 311 of BNS, in Cr.No.654 of 2024, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner and the other accused persons are said to have robbed a sum of Rs.2,000/- from the defacto complainant at knife point. Hence, the complaint.

3.Heard both sides.

4.Considering the nature of the allegations in this case that the petitioner is said to have threatened the defacto complainant and robbed a sum of Rs.2000/- and considering the contention of the learned counsel for the petitioner that within one hour from the time of occurrence, the petitioner is said to have been present in the Court for hearing, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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5.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate, Kulithalai, Karur District, 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 to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further conditions that: (a)the petitioner 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 petitioner 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; (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; 3/5

(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]; and; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 19/10/2024 / TRUE COPY / /10/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS TO 1 THE JUDICIAL MAGISTRATE, KULITHALAI, KARUR DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT.

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3 THE INSPECTOR OF POLICE, KULITHALAI POLICE STATION, KARUR DISTRICT.

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

+1 CC to M/s.P.NAGALAKSHMI, Advocate ( SR-12776[I] dated 19/10/2024 )

ORDER

IN CRL OP(MD) No.17939 of 2024 Date :19/10/2024 SS/VR/SAR- /23/10/2024/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5