K. Mayandi v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08.11.2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH K.Mayandi ... Petitioner /Accused No.3 Vs The State of Tamil Nadu Rep. By The Inspector of Police, Pavoorchatram Police Station, Tenkasi District.
(Crime No.342 of 2024) ... Respondent/Complainant For Petitioner : M/s.K.Prabhu Advocate For Respondent : Mr.A.Albert James, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act. PRAYER :- For Anticipatory Bail in Crime No.342/2024 on the file of the respondent police.
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 191(2), 296(b), 115(2) and 351(2) of BNS in Crime No.342 of 2024 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the defacto complainant was working as 1/4
Supervisor in a Blue Metal company. There was some dispute and due to this motive, on 25.09.2024 at 3.00 p.m. when the defacto complainant and other employees were standing near the office, the petitioner along with other accused persons unlawfully assembled and abused the defacto complainant with filthy language and threatened him and attacked him with hands. There are totally six accused persons in this case and the petitioner has been arrayed as A3. 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 petitioner subject to the following conditions.
5. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate Court, Tenkasi 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] the petitioner and the sureties shall affix their photographs and Left Thumb 2/4
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 report before the respondent police as and when required for interrogation;
[c] the petitioner shall not tamper with evidence or witness either during 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 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; [f] if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 08/11/2024 / TRUE COPY / /11/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
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RJR TO 1 THE JUDICIAL MAGISTRATE, TENKASI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TENKASI DISTRICT.
3 THE INSPECTOR OF POLICE, PAVOORCHATRAM POLICE STATION, TENKASI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.K.PRABHU, Advocate ( SR-13799[I] dated 11/11/2024 ) ORDER IN CRL OP(MD) No.19237 of 2024 Date :08/11/2024 SA/SAR. /23.11.2024/4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4