Vignesh Alies Vigneshwaran v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29.10.2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY CRL OP(MD)No.18377 of 2024 Vignesh @ Vigneshwaran ... Petitioner/A1 Vs The Inspector of Police, Thiruppunavasal Police Station, Pudukkottai District.
Crime No.87 of 2024 ... Respondent/Complainant For Petitioner : Mr.Karthick.R 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.87 of 2024 on the file of the Respondent police.
ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent Police for the alleged offence under Sections 296(b), 115(2), 118(1) and 351(3) of BNS, 2023, in Crime No.87 of 2024, seeks anticipatory bail.
2. The case of the prosecution is that due to wordy quarrel between the parties, the petitioner and other accused abused the defacto complainant in filthy language and attacked him and caused injury. Hence, the complaint.
3. Heard the learned counsel on either side and perused the material records of the case.
4. Considering the nature of allegation in this case that the occurrence arose on account of wordy quarrrel and that the injured was discharged from the hospital and also considering the fact that there is no bad antecedent against the petitioner, I am inclined to enlarge the petitioner on anticipatory bail with certain conditions.
5. Accordingly, this Petition is allowed and the petitioner is ordered to be released on bail in the event of his arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial
Magistrate, Manamelkudi, Pudukkottai 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. It is made clear that no relaxation of the condition for the said period will be entertained by this court;
(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;
(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/- 29/10/2024 / TRUE COPY / / /2024 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, MANAMELKUDI, PUDUKKOTTAI DISTRICT.
2 DO THROUGH, THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI.
3 THE INSPECTOR OF POLICE, THIRUPPUNAVASAL POLICE STATION, PUDUKKOTTAI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI..
+1. CC to KARTHICK R Advocate SR.No.13357
ORDER
IN CRL OP(MD) No.18377 of 2024 Date :29/10/2024 MGJ(23.11.2024) 5P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023