Vasandha Kumar v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/11/2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH
1. Vasandha Kumar,
2. Praveenkumar, ... Petitioners/Accused Nos.1 & 2 Vs The State of Tamilnadu, Rep. by the Inspector of Police, Thiruneelakudi Police Station, Thanjavur District.
Crime No. 542/2024.
... Respondent/Complainant For Petitioners : Mr.A.Joel Paul Antony, Advocate.
For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL UNDER SECTION 482 OF BNSS PRAYER :- For Anticipatory Bail in Crime No. 542 of 2024 on the file of the Respondent police.
ORDER : The Court made the following order :- The petitioners /accused Nos.1 and 2, who apprehend arrest at the hands of the respondent police for the offences under sections 296(b), 118(1) and 351(3) of BNS, 1/4
2023 in Crime No. 542 of 2024 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the defacto complainant is said to have attacked the father of the petitioners (Accused Nos.1 and 2). In view of the same, there was a previous enmity and on the date of occurrence, the accused persons are said to have abused the defacto complainant in filthy language and attacked him.
3. Taking into consideration the facts and circumstances of the case and also considering the fact that the injured has been discharged from the Hospital, 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 District Munsif cum Judicial Magistrate, Thiruvidaimarudhur, Trichy District 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 2/4
of fifteen days, this order shall stand automatically cancelled. [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 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 (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.
TSG 3/4
TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, THIRUVIDAIMARUDHUR, TRICHY DISTRICT.
2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT. 3 THE INSPECTOR OF POLICE, THIRUNEELAKUDI POLICE STATION, THANJAVUR DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to A.JOEL PAUL ANTONY Advocate SR.No.13928 (I) dated 13/11/2024
ORDER
IN CRL OP(MD) No.19352 of 2024 Date :11/11/2024 PSP/ VR /SAR /27.11.2024/ 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4