Highcourt Maharaja v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07.11.2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH 1.High Court Maharaja 2.Inbarasan @ Inbadurai 3.Vasanth 4.Jothi @ Anna Jothi ... Petitioners /Accused 1 to 4 Vs The State of Tamil Nadu Represented by the Inspector of Police, Thattarmadam Police Station, Tuticorin District.

(Crime No.129 of 2024) ... Respondent/Complainant For Petitioners: M/s.Sathyachidambaram.B Advocate For Respondent : Mr.A.Albert James, Government Advocate(Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act. 1/5

PRAYER :- For Anticipatory Bail in Crime No.129/2024 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences under Sections 329(4), 296(b) and 351(2) of BNS 2023 and Section 3 of the Tamil Nadu Public Property (Prevention of Damage & Loss) Act, 1992, in Crime No.129 of 2024 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that there was a property dispute and the accused persons entered into the house of the defacto complainant and attacked him and also caused damage to the household articles and also caused damage to two wheelers. Hence, the case.

3. Heard the learned counsel on either side and perused the material records of the case.

4. The learned counsel for the petitioners submitted that the name of the first petitioner has been mentioned as High Court Maharaja and he is also called as High Court Raja.

5. Taking into consideration the facts and circumstances of the case and also the fact that there was already a civil dispute between the parties and there are no previous cases against the petitioners and no injury was caused to anyone, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 2/5

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Sathankulam, Thoothukudi, 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 learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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 appear before the respondent Police as and when required for interrogation.

[d] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioners shall not abscond either during investigation or trial. [f] 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 petitioners 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 07/11/2024 / TRUE COPY / /11/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

PAL TO 1 THE JUDICIAL MAGISTRATE, SATHANKULAM, THOOTHUKUDI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.

3 THE INSPECTOR OF POLICE, THATTARMADAM POLICE STATION, TUTICORIN DISTRICT.

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

+1 CC to M/s.S.SATHYA CHIDAMBARAM, Advocate ( SR-13802[I] dated 11/11/2024 ) 4/5

ORDER

IN CRL OP(MD) No.19222 of 2024 Date :07/11/2024 SA/SAR. /25.11.2024/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5