Balamurugan 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.Balamurugan 2.Selvam @ Selvaraj 3.Singaraj 4.Karthick @ Kaliraj ... Petitioners /Accused Nos.1 to 4 Vs The State of Tamil Nadu Represented by the Inspector of Police, Vembakottai Police Station, Sattur, Virudhunagar District.
(Crime No.318 of 2024) ... Respondent/Complainant For Petitioners: M/s.N.Mariappan, 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.318/2024 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 296(b), 115(2), 351(2) of BNS r/w. Section 4 of TNPWH Act, in Crime No.318 of 2024 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the petitioner and the defacto complainant are neighbours and there was some dispute and on the day of occurrence, there was a wordy quarrel and the defacto complainant was attacked by the petitioner with wooden log. Hence, the case.
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 the defacto complainant has already been discharged from the hospital and there are no previous cases against the petitioners, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
5. 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 No.II, Sattur, on 2/5
condition that the petitioners 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.
[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioners 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 petitioners 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]. 3/5
[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 ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
PAL TO 1 THE JUDICIAL MAGISTRATE NO.II, SATTUR.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR. 3 THE INSPECTOR OF POLICE, VEMBAKOTTAI POLICE STATION, SATTUR, VIRUDHUNAGAR DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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+1 CC to M/s.N.MARIAPPAN, Advocate ( SR-13788[I] dated 11/11/2024 )
ORDER
IN CRL OP(MD) No.19173 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