Vigneshwaran @Vicky@Daklas@Vignesh v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19.11.2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH 1.Vigneshwaran @ Vicky @ Daklas @ Vignesh 2.Dineshkumar ... Petitioners /Accused 1 & 2 Vs The State of Tamil Nadu Represented by the Inspector of Police, Keelathooval Police Station, Ramanathapuram District.

(Crime No.161 of 2024) ... Respondent/Complainant For Petitioners :

Mr.K.Sivabalan, Advocate for M/s.Aran Legal Consultancy, Advocate For Respondent :

Mr.A.Albert James, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act. PRAYER :- For Anticipatory Bail in Crime No.161/2024 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 offences under Sections 61(2) and 55 of BNS, 2023 and Section 67 of IT Act, in Crime No.161 of 2024 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the accused persons released a video status by exhibiting dangerous weapon and stating that they are going to use those weapons very soon to kill a person.

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 considering the fact that there was threat perspective created by the petitioners and there is already a previous enmity between the parties, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

5. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Muthukulathur, Ramanathapuram, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, out of which one surety 2/5

shall be a blood relative, 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 learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and 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 daily at 10.30 a.m. and 05.30 p.m. until further orders.

[c] Both the petitioners shall file independent affidavit of undertaking before the Court below that they will not exhibit any such status in future. [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 petitioner 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]. 3/5

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023. IPC.

sd/- 19/11/2024 / 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, Muthukulathur, Ramanathapuram.

2.Do through the Chief Judicial Magistrate, Ramanathauram District.

3.The Inspector of Police, Keelathooval Police Station, Ramanathapuram District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.K.SIVABALAN, Advocate ( SR-14223[I] dated 19/11/2024 )

ORDER

IN CRL OP(MD) No.19983 of 2024 Date :19/11/2024 4/5

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