Premkumar v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/11/2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH
1. Premkumar
2. Vignesh @ Veera
3. Sudharson ... Petitioners/Accused No.1,2 & 4 Vs The State of Tamilnadu, Rep. by the Inspector of Police, Melur Police Station, Madurai District.
(Crime No. 651 of 2024.) ... Respondent/Complainant For Petitioners :
M/s. Maruthupandian. S, Advocate 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. 651 of 2024 on the file of the Respondent police.
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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 191(2), 191(3), 126(2), 296(b), 115(2), 324(4), 351(3) of BNS (hereinafter referred to as new penal code) r/w Section 4 of TNPHW Act in Crime No.651 of 2024 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that on 07.11.2024 at about 07.25 p.m, the defacto complainant and his wife were travelling in a car. The accused persons waylaid the defacto complainant and A2 is said to have forced the defacto complainant to speak with his brother over phone. When the same was refused, the defacto complainant was abused in filthy language and he was attacked using iron sword and he was also threatened with dire consequences. There are totally 4 named accused persons and 7 others involved in this case and the petitioners have been arrayed as A1, A4 and A2 respectively.
3. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl.Side) appearing for the respondent police. 4.The learned Government Advocate (Crl.Side) submitted that there are 19 previous cases pending against A1, no previous case pending against A4 and two previous cases pending against A2.
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5. Taking into consideration the facts and circumstances of the case and the manner, in which, the incident had taken place, this Court is inclined to grant anticipatory bail to the petitioners. 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, Melur, Madurai 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 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 first petitioner shall appear before the respondent police daily 05.30 pm until further orders.
[d]the second petitioner shall appear before the respondent police as and when required for interrogation.
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[e]the third petitioner shall appear before the respondent police every Monday and Friday at 05.30 pm for a period of six weeks, and thereafter, as and when required for interrogation.
[f] the petitioners shall not tamper with evidence or witness either during investigation or trial;
[g] the petitioners shall not abscond either during investigation or trial; [h] 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; [i] if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 14/11/2024 / 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 Judicial Magistrate, Melur, Madurai District.
2.Do through the chief Judicial Magistrate, Madurai District.
3.The Inspector of Police, Melur Police Station, Madurai District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.S.MARUTHU PANDIAN, Advocate ( SR-14153[I] dated 18/11/2024 )
ORDER
IN CRL OP(MD) No.19650 of 2024 Date :14/11/2024 ED/ /SAR- (27/11/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5