K Vijay v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04.11.2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH K.Vijay ... Petitioner / Sole Accused Vs The State of Tamil Nadu Represented by the Sub-Inspector of Police, Devakottai Town Police Station, Sivagangai District.
(Crime No.193 of 2024) ... Respondent/Complainant For Petitioner : M/s.R.Venkatesan, Advocate For Respondent : Mr.Thanga Aravindh.B, Government Advocate, (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act. PRAYER :- For Anticipatory Bail in Crime No.193/2024 on the file of the respondent police. 1/5
ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 296(b), 118(1), 351(2) of BNS Act, 2023, in Crime No.193 of 2024 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner and the defacto complainant are neighbours and they had some dispute. On the date of occurrence, there was a wordy quarrel which resulted in the petitioner attacking the defacto complainant's father with brick. He sustained grievous injuries in his head, nose and chest. Hence, the case.
3. The learned Government Advocate (Criminal Side), on instructions, submitted that the investigation was completed and police report was filed before the concerned Court by altering the offence to Section 109 of BNS and further submitted that there is one previous case against the petitioner.
4. Taking into consideration the facts and circumstances of the case and also considering the fact that the entire incident had taken place in the spur of the 2/5
moment and investigation has also been completed, I am inclined to grant anticipatory bail to the petitioner subject to the following conditions.
5. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate, Devakottai, 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 said Magistrate, on further condition 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 appear before the Trial Court during every hearing date without fail;
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial;
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[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/- 04/11/2024 / TRUE COPY / /11/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
PAL TO 1 THE JUDICIAL MAGISTRATE, DEVAKOTTAI.
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2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.
3 THE SUB INSPECTOR OF POLICE, DEVAKOTTAI TOWN POLICE STATION, SIVAGANGAI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.M/S.RIGHT LAW ASSOCIATES, Advocate ( SR-13546[I] dated 04/11/2024 )
ORDER
IN CRL OP(MD) No.18505 of 2024 Date :04/11/2024 SS/MMS/SAR- /13/11/2024/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5