Madras High CourtCRL OP(MD)/19116/2024allowed

Selvaraj v. The State Of Tamil Nadu

2024-11-13Honourable Mr Justice N. Anand Venkatesh5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/11/2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Selvaraj ... Petitioner/5th Accused Vs The State of Tamil Nadu, Rep by the Inspector of Police, Perumalpuram Police Station, Tirunelveli City.

Crime No. 346/2024.

... Respondent/Complainant For Petitioner : M/s.Lenin Kumar.T, For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No. 346 of 2024 on the file of the respondent Police. 1/5

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 191(2), 191(3), 329(4), 126(2), 296(b), 109(1), 351(3) in Crime No.346 of 2024 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that a private company purchased several tracts of land at Arockianathapuram. The Government officials along with two Advocates came to the property in order to fix the boundary. At that point of time, the accused persons threatened them by started attacking and as a result, one Advocate succumbed to the injuries and another Advocate sustained serious injury. There are totally for 14 accused persons and the petitioner is arrived as A13. 3.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent.

4. Taking into consideration of the facts and circumstances of the case and the manner in which, the incident had taken place and also considering the fact 2/5

that A10 was already granted anticipatory bail by this Court in Crl.O.P(MD) No.18241 of 2024 by order, dated 28.10.2024 and A3 was also enlarged on bail in Crl.O.P(MD) No.19534 of 2024, dated 11.11.2024, this Court is inclined to grant bail to anticipatory bail to the petitioner.

5.Accordingly, this criminal original petition is ordered and 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 No.I, Madurai, 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 fail to surrender before the said Magistrate within a period of fifteen days, this order shall stand automatically cancelled. [b] 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. 3/5

[c] the petitioner shall report before the respondent police daily at 10.30a.m., for a period of 3 weeks, thereafter, as and when required for interrogation. [d] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[e] the petitioner 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 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; [g] if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC. sd/- 13/11/2024 / TRUE COPY / /11/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM TO 1 THE JUDICIAL MAGISTRATE NO.I MADURAI.

4/5

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE INSPECTOR OF POLICE, PERUMALPURAM POLICE STATION, TIRUNELVELI CITY.

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

+1 CC to M/s.T.LENIN KUMAR, Advocate ( SR-14093[I] dated 15/11/2024 )

ORDER

IN CRL OP(MD) No.19116 of 2024 Date :13/11/2024 SS/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