N Rajaram v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30.10.2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY CRL OP(MD). No.18950 of 2024 N.Rajaram, S/o.Neelamegam ... Petitioner / Accused No.2 Vs The State of Tamil Nadu Represented by the Inspector of Police, Bodinaickkanur Town Police Station, Bodinaickkanur, Theni District.
(Crime No.296 of 2024) ... Respondent/Complainant For Petitioner : M/s.K.Guhan, Advocate For Respondent : Mr.R.M.Anbunith, Additional Public Prosecutor, (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act. PRAYER :- For Anticipatory Bail in Crime No.296/2024 on the file of the respondent police.
ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 318(2), 318(4) of the BNS, 2023, in Crime No.296 of 2024 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner and the other accused have committed a crime by refusing to execute the sale deed between the accused and the de-facto complainant. Hence, the complaint.
3. Heard the learned counsel on either side and perused the material records of the case.
4. Considering the nature of the allegations in this case that the de-facto complainant is said to have entered into an agreement with the petitioner and the other accused for purchase of the land and after receiving the advance, the accused neither returned the advance money and nor executed the sale deed, and considering the over all facts and circumstances of the case, I am inclined to enlarge the petitioner on anticipatory bail with certain conditions.
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, Bodinaickkanur, Theni 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 two weeks and thereafter, as and when required for the 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 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/- 30/10/2024 / TRUE COPY / /11/2024 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, BODINAICKKANUR, THENI DISTRICT.
2 DO THROUGH, THE CHIEF JUDICIAL MAGISTRATE, THENI.
3 THE INSPECTOR OF POLICE, BODINAICKKANUR TOWN POLICE STATION, BODINAICKKANUR, THENI
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S. GUHAN.K Advocate SR.No.13520
ORDER
IN CRL OP(MD) No.18950 of 2024 Date :30/10/2024 MGJ(23.11.2024) 5P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023