Sankar Kumar v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28.10.2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Sankar Kumar ... Petitioner / Sole Accused (The Name Mentioned in the FIR as Sankar) Vs The State of Tamil Nadu, Rep. by the Sub-Inspector of Police, Sattur Town Police Station, Virudhunagar District.
(Crime No.345 of 2024) ... Respondent/Complainant For Petitioner : M/s.R.Jagadeeshwaran Advocate For Respondent : Mr.A.Albert James, Government Advocate, (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act. PRAYER :- For Anticipatory Bail in Crime No.345/2024 on the file of the respondent police. 1/5
ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 118(1) and 351
(3) of BNS, 2023, in Crime No.345 of 2024 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that due to wordy quarrel, the petitioner has attacked the de-facto complainant and threatened him with dire consequences. Hence, the complaint.
3. Heard the learned counsel on either side, and perused the material records of the case.
4. Considering the nature of occurrence in this case and counter, the persons belonging to the same village and considering the nature of occurrence being a wordy quarrel, I am inclined to enlarge the petitioner on anticipatory bail with certain conditions.
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5. Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate Court No.II, Sattur, Virudhunagar District, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) with two common 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 three weeks and thereafter, as and when required for the interrogation.
(c) the petitioner shall not tamper with evidence or witness either during 3/5
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 abscond, a fresh FIR can be registered under Section 229-A IPC.
sd/- 28/10/2024 / TRUE COPY / /11/2024 Sub-Assistant Registrar ( CS-I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
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pal TO
1. The Judicial Magistrate Court No.II, Sattur, Virudhunagar District.
2. Do-Through, The Chief Judicial Magistrate Virudhunagar District.
3. The Sub-Inspector of Police, Sattur Town Police Station, Virudhunagar District.
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.R.JAGADEESHWARAN, Advocate ( SR-13383[I] dated 29/10/2024 )
ORDER
IN CRL OP(MD) No.18533 of 2024 Date : 28.10.2024 SI/MMS/ -(15.11.2024) 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5