Gajendran v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/11/2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH
1. Gajendran 2.Bala @ Balakumaran 3.Thavam,
4. Alaguvel, ... Petitioners/Accused Nos.1 to 4 Vs The State of Tamil Nadu, Rep by the Inspector of Police, Natham Police Station, Dindigul District.
Crime No. 595/2024.
... Respondent/Complainant For Petitioners : Mr.M.Maran, Advocate.
For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/5
PRAYER :- For Anticipatory Bail in Crime No. 595 of 2024 on the file of the respondent Police.
ORDER : The Court made the following order :- The petitioners /accused Nos.1 to 4, who apprehend arrest at the hands of the respondent police for the offences under sections 191 (2), 296(b), 115(2), 118(1) and 351(3) of BNS in Crime No.595 of 2024, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that on 31.10.2024, the defacto complainant's husband and his friends were consuming liquor. At that time, the accused persons picked up a quarrel and they assaulted the defacto complainant's husband, which resulted in serious injuries.
3. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Criminal Side) appearing for the respondent Police.
4. Taking into consideration the facts and circumstances of the case and manner 2/5
in which the incident has been taken place and considering the fact that the petitioners do not have any previous cases, 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 date of receipt of a copy of this order, before the learned Judicial Magistrate, Natham, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) each 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 petitioners fail to surrender before the said Magistrate within a period of fifteen days, this order shall stand automatically cancelled. [b] the petitioner Nos.1 to 3 shall report before the respondent police every Monday and Friday at 05.30 p.m. until further orders. The fourth petitioner shall report before the respondent Police as and when required for interrogation; [c]the petitioners shall not tamper with evidence or witness either during 3/5
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]; and; [f] if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 11/11/2024 / TRUE COPY / /11/2024 Sub-Assistant Registrar (CS-I / II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.
TSG TO 1.THE JUDICIAL MAGISTRATE, NATHAM, 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL.
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3.THE INSPECTOR OF POLICE, NATHAM POLICE STATION, DINDIGUL DISTRICT.
4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.M.MARAN, Advocate ( SR-13821[I] dated 11/11/2024 )
ORDER
IN CRL OP(MD) No.19373 of 2024 Date :11/11/2024 RK/VR (19/11/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5