Madras High CourtCRL OP(MD)/19659/2024allowed

J. Nagaraj v. The State Of Tamilnadu

2024-11-14Honourable Mr Justice N. Anand Venkatesh5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/11/2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH

1. J. Nagaraj

2. C. Jai Shangar

3. Baskar

4. C. Elaiyaraja

5. U. Murugesan ... Petitioners/Accused No.1 to 5 Vs The State of Tamilnadu, Rep. by the Inspector of Police, Alangudi Police Station, Pudukottai District.

Crime No. 300 of 2024.

... Respondent/Complainant For Petitioner : M/s. Dr. Alagumani. R, For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) 1/5

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No. 300 of 2024 on the file of the Respondent police.

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), 296(b), 118(1) and 351(3) of BNS (hereinafter referred to as new penal code) in Crime No.300 of 2024 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that there was a pathway dispute between the parties and that on the date of occurrence, the accused persons are said to have attacked the defacto complainant and he sustained head injuries.

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

4. Taking into consideration the facts and circumstances of the case and also of the fact that was a pathway dispute between the parties and there is a case and counter case, which is under investigation in Crime No.300 and 301 of 2024 and 2/5

there are no previous bad antecedents against the petitioner and the injured has been discharged from the hospital, 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, Alangudi, Pudukottai District, on condition that the petitioners shall execute a bond for a sum of Rs.

10,000/- (Rupees Ten Thousand only) with two common 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 as and when required for interrogation.

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

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[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 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.

LR TO 1 THE JUDICIAL MAGISTRATE ALANGUDI, PUDUKOTTAI DISTRICT.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI DISTRICT. 3 THE INSPECTOR OF POLICE, ALANGUDI POLICE STATION, PUDUKOTTAI DISTRICT.

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

+1 CC to M/s.DR.R.ALAGUMANI, Advocate ( SR-14028[I] dated 14/11/2024 )

ORDER

IN CRL OP(MD) No.19659 of 2024 Date :14/11/2024 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