Seenivasan 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 Seenivasan, ... Petitioner/Accused Rank Not Known Vs The State of Tamil Nadu, Rep the Inspector of Police, Veeracholan Police Station, Veeracholan, Virudhunagar District (Crime No. 6/2024.) ... Respondent/Complainant For Petitioner : Jeevin J, Advocate.

For Respondent : Mr.Albert James, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No. 6 of 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 294(b), 341 and 397 of I.P.C., in Crime No. 6 of 2024 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the de-facto complainant was riding his bike bearing Registration No.TN-65-BX-0652 from the bus stand to his home. On they way to the home, the accused persons disrupted and demanded to give the vehicle to them and beaten him with sticks and took away the vehicle. Hence, the case was registered.

3. The learned counsel for the petitioner would submit that the petitioner is innocent and a false case has been foisted against him.

4. The learned Additional Public Prosecutor(Cri.Side) appearing for the respondent would submit that the petitioner did not have any other bad antecedents. 2/5

5.Considering the nature of allegation that by demanding bike the petitioner along with other accused attacked the de-facto complainant and taken away the bike and only considering the fact that the petitioner does not have any other bad antecedents, this court is inclined to grant anticipatory bail to the petitioner with certain conditions:

7. Accordingly, the Criminal Original Petition is allowed and the petitioner is ordered to be released on bail in the event of his arrest or his appearance, on executing 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 learned Judicial Magistrate, Thiruchuli, Virudhunagar District;

[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 an when required for interrogation; 3/5

[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 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]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 29/10/2024 / TRUE COPY / / 11 /2024 Sub-Assistant Registrar ( CS-I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

4/5

NS TO 1.The Judicial Magistrate, Thiruchuli, Virudhunagar District.

2.Do-Through, The Chief Judicial Magistrate, Virudhunagar District.

3.The Inspector of Police, Veeracholan Police Station, Veeracholan, Virudhunagar District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.J.JEEVIN, Advocate ( SR-13472[I] dated 30/10/2024 )

ORDER

IN CRL OP(MD) No.18839 of 2024 Date : 29/10/2024 SI/SN/ -(25.11.2024) 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5