Sureshkumar v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Sureshkumar, (Wrongly Shown as Suresh), ... Petitioner/Sole Accused Vs The State of Tamilnadu, Rep. by the Inspector of Police, Kotticode Police Station, Kanyakumari District.

Crime No.196/2024..

... Respondent/Complainant For Petitioner : M/s. Sukumar. V, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No. 196 of 2024 on the file of the Respondent police.

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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 406, 420, 294(b) and 506(i)IPC in Crime No. 196 of 2024 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the de-facto complainant is the owner of the bike bearing Registration No.TN-75-A-0555 and the petitioner came to the residence of the de-facto complainant 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.Heard The learned Additional Public Prosecutor(Cri.Side) appearing for the respondent.

5.Considering the allegations in this case that the petitioner is said to have taken away the de-facto complainant's two wheeler and not returned and considering the argument of the learner counsel for the petitioner that there is an agreement in this 2/5

regard, this court is inclined to grant anticipatory bail to the petitioner with certain conditions:

6. 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, Padmanapapuram, [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. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

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[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 / / /2024 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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NS TO

1. THE JUDICIAL MAGISTRATE, PADMANAPAPURAM 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI @ NAGERCOIL.

3.THE INSPECTOR OF POLICE, KOTTICODE POLICE STATION, KANYAKUMARI DISTRICT.

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

+1 CC to M/s.V.SUKUMAR, Advocate ( SR-13444[I] dated 30/10/2024 )

ORDER

IN CRL OP(MD) No.18892 of 2024 Date :29/10/2024 RK/GSV(20/11/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5