Samudhiram v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25.10.2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY
1. Samudhiram
2. Ramalakshmi
3. Rajalakshmi ... Petitioners/ Accused Nos. 1 to 3 Vs The Inspector of Police, Madukkur Police Station, Thanjavur District.
Crime No.329 of 2024 ... Respondent/Complainant For Petitioners: Mr.P.Balamurugan, Advocate. For Respondent : Mr.A.Albert James Government Advocate(Crl. side) PETITION FOR ANTICIPATORY BAIL UNDER SECTION 482 OF BNSS PRAYER :- For Anticipatory Bail in Crime No.329 of 2024 on the file of the Respondent police.
1/5
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 296(b), 132, 125 and 126(2) of BNS Act, 2023, and Section 3(1) of Prevention of Damage to Public Property Act, 1984, in Crime No.329 of 2024, seek anticipatory bail. 2.The case of the prosecution is that the petitioners entered into the construction work of the defacto complainant and threatened him and also attacked him. Hence, the complaint.
3.Heard the learned counsel on either side and perused the material records of the case.
4.Considering the fact that the petitioner entered into the building which is put up by the defacto complainant and threatened him and damaged the articles and also attacked him, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
5.Accordingly, this Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Pattukottai, Thanjavur District, on condition that the petitioners shall 2/5
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 to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further conditions 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 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 petitioners shall not tamper with evidence or witness either during 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]; and; 3/5
(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 25/10/2024 / TRUE COPY / / 11 /2024 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.
JBR TO 1 THE JUDICIAL MAGISTRATE PATTUKOTTAI, THANJAVUR DISTRICT.
2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.
3 THE INSPECTOR OF POLICE MADUKKUR POLICE STATION, THANJAVUR DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S P.BALAMURUGAN Advocate SR.No.13166(I) dated 25/10/2024 4/5
ORDER
IN CRL OP(MD) No.18468 of 2024 Date :25/10/2024 PSP/ GSV /SAR /21.11.2024/ 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5