R. Ranjithkumar 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 R.Ranjithkumar ... Petitioner / Accused No.1 Vs The State of Tamil Nadu Represented by the Inspector of Police, Sindupatty Police Station, Madurai District.
(Crime No.215 of 2024) ... Respondent/Complainant For Petitioner : M/s.Sakthi Rao.G, Advocate For Respondent : Mr.Thanga Aravindh.B, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act. PRAYER :- For Anticipatory Bail in Crime No.215/2024 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 offences under Sections 126(2), 296(b), 118(1), 351(3) and 303(2) of the BNS, in Crime No.215 of 2024 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the defacto complainant was attacked by the petitioner and 2 others due to previous enmity and that they took away 3 sovereigns of gold chain from the defacto complainant. In the FIR, there is one named accused person and two unnamed accused persons. In this case, the petitioner has been arrayed as A1.
3. Heard the learned counsel on either side and perused the material records of the case.
4. Taking into consideration the facts and circumstances of the case and also the fact that there is a pending civil dispute between the petitioner and the defacto complainant and there are no previous bad antecedents against the petitioner and the defacto complainant has been discharged from the hospital, this Court is inclined to 2/5
grant anticipatory bail to the petitioner with certain conditions.
5. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate Court, Thirumangalam, 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 learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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 appear before the respondent Police as and when required for interrogation.
[c] the petitioner shall not tamper with evidence or witness either during 3/5
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/- 07/11/2024 / TRUE COPY / /11/2024 Sub-Assistant Registrar (CS-I / II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO
1. THE JUDICIAL MAGISTRATE COURT, THIRUMANGALAM, MADURAI, 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.
3. THE INSPECTOR OF POLICE, SINDUPATTY POLICE STATION, MADURAI DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.19204 of 2024 Date :07/11/2024 RK/VR (19/11/2024) 5P /5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5