Sarathkumar 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.18759 of 2024

1. Sarathkumar

2. Jayavel

3. Jayakumar

4. Arunkumar ... Petitioners/Accuseds Vs The Inspector of Police, Aruppukottai Taluk Police Station, Aruppukottai, Virudhunagar District.

Crime No.216 of 2024 ... Respondent/Complainant For Petitioners : M/s.A.Dharani 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.216 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 296(b), 115(2), 118(1), 131, 126(2) and 351(3) of BNS, 2023, in Crime No.216 of 2024, seek anticipatory bail. 2.The case of the prosecution is that the defacto complainant has purchased the lorry in the name of the first petitioner and when he demanded the version of the vehicle, the petitioners are said to have attacked the defacto 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 fact that it is case and counter and that the occurrence arose out of the fact that the defacto complainant has purchased the lorry in the name of the first petitioner and when he demanded the possession of the vehicle, the occurrence had taken place and that there are no other antecedents as against the petitioners, 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, Aruppukottai, on condition that the petitioners shall 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 three 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; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 29/10/2024 / TRUE COPY / /11/2024 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, ARUPPUKOTTAI.

2 DO THROUGH, THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR AT SRIVILLIPUTHUR.

3 THE INSPECTOR OF POLICE, ARUPPUKOTTAI TALUK POLICE STATION, ARUPPUKOTTAI,VIRUDHUNAGAR DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1cc to M/s.A.Dharani,Advovate(SR.NO.62239)

ORDER

IN CRL OP(MD) No.18759 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