Udaichinathan v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY
1. Udaichinathan
2. Karuppudurai ... Petitioners/Accused A1 and A3 Vs The State of Tamil Nadu, Rep by the Inspector of Police, Sayalkudi Police Station, Ramanathapuram District.
(In Crime No.289 of 2024).
... Respondent/Complainant For Petitioner : M/s.Balamuruganantham.R, 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.289 of 2024 on the file of the respondent police. 1/5
ORDER : The Court made the following order :- The petitioners/A1 and A3, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 118(1), 121(1) and 132 of BNS, in Crime No.289 of 2024 on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that there was a wordy quarrel that arose between the petitioners as well as the driver and conductor with regard to not stopping the bus in the bus stop, the petitioners attacked them with wooden log. 3.Heard. Perused the materials available on record including the First Information Report.
4.Considering the nature of the allegations that merely because the driver and conductor did not stop the bus, the petitioners pursued the vehicle and thereafter, got into the vehicle and attacked the driver and conductor and considering the fact that the injured was discharged from the hospital and only considering the fact that the petitioners do not have any bad antecedents, I am inclined to enlarge the 2/5
petitioners on anticipatory bail, with certain conditions: 5.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Kadaladi, Ramanathapuram District, on condition that the petitioner 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 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: [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 a.m., for a period of three weeks and thereafter, as and when required for interrogation.
investigation or trial.
[d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 abscond, a fresh FIR can be registered under Section 229A IPC.
sd/- 22/10/2024 / TRUE COPY / / 11 /2024 Sub-Assistant Registrar ( CS-I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
SJI TO 4/5
1. The Judicial Magistrate, Kadaladi, Ramanathapuram District.
2. Do-Through The Chief Judicial Magistrate, Ramanathapuram District.
3. The Inspector of Police, Sayalkudi Police Station, Ramanathapuram District.
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.18111 of 2024 Date : 22/10/2024 SI/ MMS/ / -(14.11.2024) 5P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5