Madras High CourtCRL OP(MD)/18332/2024disposed of

M.C.Magesh v. State Of Tamil Nadu

2024-10-24Honourable Mr Justice D.Bharatha Chakravarthy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY

1. M.C.Magesh

2. M.C.Kesavan ... Petitioners / Accused Rank not known Vs State of Tamil Nadu, The Inspector of Police, TIW-II, Thallakulam Police Station, Madurai.

(Crime No 247/2024).

... Respondent/Complainant For Petitioners :

M/s.T.Seeni Syed Amma, 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.247 of 2024 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 281 and 125(a) of the Bharatiya Nyaya Sanhita (BNS), 2023 and Section 187 of Motor Vehicle Act, in Cr.No.247 of 1/3

2024, seek anticipatory bail.

2.The case of the prosecution is that the defacto complainant is the father of the deceased. The petitioners are said to have driven a car bearing Reg.No.TN-65-Q0897 in a rash and negligent manner and dashed against the deceased, who was walking on the road side, and due to severe head injuries, he died. Hence, the complaint.

3.Heard both sides.

4.Considering the fact that Section 106(2) of BNS is not notified and 106(1) of BNS being a bailable offence, all the offences, which are registered against the petitioner being bailable, I am of the view that the petition for anticipatory is not maintainable. The petitioner is charged for only of bailable offences for the accident, which is said to have happened.

5. With the above observations, this Criminal Original Petition stands dismissed.

sd/- 24/10/2024 / TRUE COPY / /11/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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DSS To 1.The Inspector of Police, TIW-II, Thallakulam Police Station, Madurai.

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

+1 CC to M/s.T.SEENI SYED AMMA, Advocate ( SR-13119[I] dated 25/10/2024 )

ORDER

IN CRL OP(MD) No.18332 of 2024 Date :24/10/2024 ED/ RN /SAR- (13/11/2024) 3P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3