K Mugeshwaran v. The State Of Tamilnadu Rep.By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/11/2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH K Mugeshwaran ... Petitioner/Accused No.4 Vs The State of Tamilnadu Rep.By, The Inpector of Police, Blamedu Police Station, Madurai District.

(Crime No.235 of 2024).

... Respondent/Complainant For Petitioner : Mr.Ananthkumar M, For Respondent : Mr.A.Albert James, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.235 of 2024 on the file of the Respondent Police.

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ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 115(2), 118(1), 296(b), 351(3) and 49 of BNS (hereinafter referred to as new penal code) and Section 4 of TNPHW Act in Crime No.235 of 2024 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that there was a previous enmity between the parties. The accused persons are said to have gone to the house of the defacto complainant, abused him and his wife in filthy language. He was also attacked. As a result of which, he sustained serious injuries. There are totally five accused persons in this case and the petitioner has been arrayed as A3. 3.The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that A1, A2 and A5 were arrested in this case and remanded to judicial custody. The defacto complainant and his wife sustained injuries and they have been discharged from the hospital. The learned Government Advocate (Crl.Side) further submitted that there are no previous cases pending against the petitioner and that the petitioner was present along with the other accused persons. 2/5

4. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent police.

5. Taking into consideration the facts and circumstances of the case and also considering the fact that no specific overt act has been attributed against the petitioner and there are no previous cases pending against the petitioner and the injured has already been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner. Accordingly, this criminal original petition is ordered and the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his 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, Vadipatti, Madurai District, 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] if the petitioner fail to surrender before the said Magistrate within a period of fifteen days, this order shall stand automatically cancelled. [b] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their 3/5

Aadhar card or Bank pass Book to ensure their identity. [c] the petitioner shall report before the respondent police as and when required for interrogation.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[e] the petitioner shall not abscond either during investigation or trial; [f] 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 petitioner 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; [g] if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 13/11/2024 / 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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TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, VADIPATTI, MADURAI DISTRICT. 2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE INPECTOR OF POLICE, BLAMEDU POLICE STATION, MADURAI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.M.ANANTHKUMAR, Advocate ( SR-14047[I] dated 15/11/2024 )

ORDER

IN CRL OP(MD) No.19561 of 2024 Date :13/11/2024 SS/SAR- /23/11/2024/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5