M Kumar v. State Of Tamilnadu Rep.By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18.11.2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH M.Kumar ... Petitioner / Accused No.1 Vs The State of Tamil Nadu Represented by the Inspector of Police, Manachanallur Police Station, Trichy District.

(Crime No.117 of 2023) ... Respondent/Complainant For Petitioner : Mr.S.C.Herold Singh, Advocate For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act. PRAYER :- For Anticipatory Bail in Crime No.117/2023 on the file of the respondent police. 1/5

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 294(b), 323, 324 and 506(2) of IPC, in Crime No.117 of 2023 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 09.04.2023, the defacto complainant had demanded the amount that was spent by him for the education of A3. This resulted in a wordy quarrel and the defacto complainant is said to have been attacked with wooden log and iron pipe. There are totally 3 accused persons in this case and the petitioner has been arrayed as A1. A3 has already been arrested.

3. Heard the learned counsel on either side and perused the material records of the case.

4. Taking into consideration the facts and circumstances of the case and also considering the fact that there was some money dispute between the parties and there are no previous cases against the petitioner and the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner 2/5

with certain conditions.

5. Accordingly, 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 Judicial Magistrate No.III, Trichy, 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] 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 Aadhar card or Bank pass Book to ensure their identity; [b] the petitioner shall appear before the respondent police as and when required for interrogation;

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

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[d]the petitioner 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 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 [f] if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 18/11/2024 / TRUE COPY / /11/2024 Sub-Assistant Registrar (CS-I / II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

pal TO

1. THE JUDICIAL MAGISTRATE NO.III, TRICHY.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY. 4/5

3. THE INSPECTOR OF POLICE, MANACHANALLUR POLICE STATION, TRICHY DISTRICT.

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

+1 CC to M/s.S.C.HEROLD SINGH, Advocate ( SR-14170[I] dated 19/11/2024 )

ORDER

IN CRL OP(MD) No.19877 of 2024 Date :18/11/2024 RK/ (23/11/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5