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Madras High CourtCRL OP(MD)/19236/2024allowed

Ramesh @ Rameshpandi v. The State Of Tamilnadu

2024-11-08Honourable Mr Justice N. Anand Venkatesh5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08.11.2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH 1.Ramesh @ Rameshpandi 2.Muthukrishnan 3.Naveen @ Naveen Kumar 4.Jegadeesh ... Petitioners/Accused rank 1 to 4 Vs The Inspector of Police, Usilampatti Taluk Police Station, Madurai District.

(Crime No.310 of 2024)

...Respondent/Complainant

For Petitioner :

M/s.S.Paul Murugesh,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.310/2024 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 324(2), 118(1) and 351(1) of the BNS Act r/w 4 of the Tamil Nadu Prohibition of Harassment of Women(TNPHW) Act in Crime No.310 of 2024 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the two groups belonging to the same village attacked each other on 31.10.2024 and as a result, both sides were injured and case and counter case was registered in Crime Nos.310 and 311 of 2024. 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 manner in which the incident had taken place, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions.

5. Accordingly, the petitioners are ordered to be released on anticipatory bail in the event of arrest or on their appearance, within a period of fifteen days from the 2/5

date of receipt of a copy of this order, before the Judicial Magistrate Court I, Usilampatti, Madurai District on 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 said Magistrate, 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 report 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 petitioners 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]; and; 3/5

[f] if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 08/11/2024 (*) Corrected as per order of the Court dated 10.12.2024 in CRL MP(MD) No.13400 of 2024 in CRL OP(MD) No.19236 of 2024) Time is extended by one week from the date of receipt of a copy of this order to comply the order of this Court in CRL OP(MD) No19236 of 2024 dated 08.11.2024) / TRUE COPY / /12/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

RJR TO

1. The Judicial Magistrate Court I, Usilampatti, Madurai District

2. -do through The Chief Judicial Magistrate, Madurai.

3. The Inspector of Police, Usilampatti Taluk Police Station, Madurai District.

4/5

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.S.PAULMURUGESH, Advocate ( SR-15206[I] dated 10/12/2024 )

ORDER

IN CRL OP(MD) No.19236 of 2024 Date :08/11/2024 RD(25/11/2024) 5 P / 5C ED/ GSV /SAR- (12/12/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5