K.V.M.Jeeva v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18.11.2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH 1.K.V.M.Jeeva 2.V.Kennadi 3.V.Justin Thiraviyam 4.V.Alish Mary 5.O.Sarckaraiya Jeyaprakash ... Petitioners / Accused Nos.1 to 5 Vs The State of Tamil Nadu Represented by the Inspector of Police, Kodaikkanal Police Station, Dindigul District.
(Crime No.410 of 2024) ... Respondent/Complainant For Petitioners :
Ms.S.Thilagavathi, Advocate For Respondent :
Mr.B.Thanga Aravindh, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act. 1/5
PRAYER :- For Anticipatory Bail in Crime No.410/2024 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 offences under Sections 191(3), 296(b), 118(1), 351(2) of BNS, in Crime No.410 of 2024 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that there is some property dispute between the parties and as a result, on 05.11.2024 at about 10.00 a.m. when the defacto complainant was standing near his shop, the accused persons developed a wordy quarrel with him and he was attacked with iron rod and he was also threatened.
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 is already a pending civil dispute between the parties and there are no bad antecedents against the petitioner and the injured has already been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
5. Accordingly, the petitioners are ordered to be released on anticipatory bail in the event of their arrest or on their appearance, within a period of fifteen days 2/5
from the date of receipt of a copy of this order, before the Judicial Magistrate, Kodaikannal, Dindigul 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] 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; [b] the petitioners shall report before the respondent police as and when required for interrogation;
[c] the petitioners shall not tamper with evidence or witness either during investigation or trial;
[d] the petitioners 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 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 3/5
[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 (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
PAL To 1.The Judicial Magistrate, Kodaikannal, Dindigul District.
2.Do through the Chief Judicial Magistrate, Dindigul District.
3.The Inspector of Police, Kodaikkanal Police Station, Dindigul District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.S.THILAGAVATHI, Advocate ( SR-14169[I] dated 19/11/2024 )
ORDER
IN CRL OP(MD) No.19884 of 2024 Date :18/11/2024 4/5
ED/ /SAR- (27/11/2024) 5P / 6 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5