Sakthivel v. State Of Tamil Nadu Rep By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22.11.2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Sakthivel ... Petitioner / Accused Rank Not Known Vs The State of Tamil Nadu Represented by the Sub-Inspector of Police, Kayathar Police Station, Thoothukudi District.

(Crime No.308 of 2024) ... Respondent/Complainant For Petitioner : Mr.J.Anandkumar, Advocate For Respondent : Mr.A.Albert James, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL UNDER SECTION 482 OF BNSS PRAYER :- For Anticipatory Bail in Crime No. 308 of 2024 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 379 and 506(i) of IPC, in Crime No.308 of 2024 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant is a heavy vehicle driver and on 30.09.2022, he was plying the vehicle towards Coimbatore. The vehicle was parked near Kayathar Toll Plaza. The petitioner is said to have conducted the vehicle inspection and sought for documents from the defacto complainant. Thereafter, the defacto complainant found that his mobile phone and cash of Rs.13,000/- was missing. There are totally 2 accused persons in this case and the petitioner has been arrayed as A1.

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 this incident had taken place in the year 2022 and the petitioner has been roped in this case only based on suspicion, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

5. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which 2/5

the order copy made ready, before the learned Judicial Magistrate No.II, Kovilpatti, 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 learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and 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.

[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]. 3/5

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

sd/- 22/11/2024 / TRUE COPY / / 12 /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 NO.II, KOVILPATTI.

2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.

3 THE SUB INSPECTOR OF POLICE, KAYATHAR POLICE STATION, THOOTHUKUDI DISTRICT.

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

+1 CC to M/s.J.ANANDKUMAR, Advocate ( SR-14419[I] dated 22/11/2024 ) 4/5

ORDER

IN CRL OP(MD) No.19956 of 2024 Date :22/11/2024 PSP/ GSV /SAR /05.12.2024/ 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5