S.Kumar @ Rajkumar v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/11/2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH
1. S.Kumar @ Rajkumar
2. S.Vikki @ Vignesh Pandi ... Petitioners/Accused No.2 & 3 Vs The State of Tamil Nadu, Rep.By, the Inspector of Police, Theppakulam Police Station, Madurai District.
(In Crime No.751/2024).
... Respondent/Complainant For Petitioner : M/s.Dinesh.K, For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.751 of 2024 on the file of the Respondent Police. 1/5
ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence under Sections 126(2), 296(b), 115(2), 118(2), 351(3), 303(2) of BNS Act in Crime No.751 of 2024 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the defacto complainant and his friend were returning home and the accused persons developed a wordy quarrel and abused them in filthy language and they were also beaten indiscriminately. There are totally 4 accused persons and the petitioners are arrayed as A2, A3. 3.The learned Government Advocate (Crl.Side) submitted that the injured persons were treated as out patient. That apart, there are five previous cases against the first petitioner, out of which, two cases are pending. Insofar as the second petitioner is concerned, there are four previous cases pending, out of which, two cases are pending.
4.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl.Side) appearing for the respondent. 2/5
5.Taking into consideration the facts and circumstances of the case and the nature of allegations made against the petitioners, this Court is inclined to grant to grant anticipatory bail to the petitioners. 6.Accordingly, this criminal original petition is ordered and 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 No.I, Madurai, 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 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.
[c] the petitioners shall report before the respondent police every Friday at 05.30p.m., for a period of six weeks, thereafter, as and when required for interrogation.
[d] the petitioners shall not tamper with evidence or witness either during investigation or trial;
[e] the petitioners 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 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; [g] if the accused thereafter absconds, a fresh FIR can be registered under Section 229A 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.
PNM 4/5
TO 1 THE JUDICIAL MAGISTRATE NO.I MADURAI.
2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE INSPECTOR OF POLICE, THEPPAKULAM POLICE STATION, MADURAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.K.DINESH, Advocate ( SR-13980[I] dated 14/11/2024 )
ORDER
IN CRL OP(MD) No.19565 of 2024 Date :13/11/2024 SS/SAR- /25/11/2024/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5