S. Pragadeeshwaran @ Pradeesh v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/11/2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH S. Pragadeeshwaran @ Pradeesh, ... Petitioner/Accused vs The State of Tamilnadu, Rep. by the Inspector of Police, Bodinayakenur Rural Police Station, Theni District.
Crime No. 336/2024..
... Respondent/Complainant For Petitioner : Mr.K.Anandan, 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.336 of 2024 on the file of the Respondent police. ORDER : The Court made the following order :- The petitioner / Accused No.5, who apprehends arrest at the hands of the 1/5
respondent police for the alleged offences under Sections 191(2), 192(3), 126(2), 296(b), 115(2), 308(4) and 351(3) of BNS, 2023 in Crime No.336 of 2024 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the accused persons waylaid a lorry and demanded money from the lorry driver. There are totally five accused persons in this case and the petitioner has been arrayed as Accused No.5.
3. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent Police.
4. Taking into consideration the facts and circumstances of the case and also of the fact that there are no previous cases against the petitioner and the lorry driver has not sustained any injuries in this case, this Court is 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 learned Judicial Magistrate, 2/5
Bodinayackenur 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] if the petitioner fails to surrender before the said Magistrate within a period of fifteen days, this order shall stand automatically cancelled. [b] the petitioner shall report before the respondent police on every Friday at 05.30 p.m. for a period of four weeks and thereafter, as and when required for interrogation;
[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 3/5
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/- 05/11/2024 / TRUE COPY / /11/2024 Sub-Assistant Registrar (CS-I / II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.
TSG TO 1.THE JUDICIAL MAGISTRATE, BODINAYACKENUR 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI 3.THE INSPECTOR OF POLICE, BODINAYAKENUR RURAL POLICE STATION, THENI DISTRICT.
4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.K.ANANDAN, Advocate ( SR-13601[I] dated 05/11/2024 ) 4/5
ORDER
IN CRL OP(MD) No.18830 of 2024 Date :05/11/2024 RK/VR(21/11/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5