Pappu @ Pappusridev v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19.11.2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Pappu @ Pappusridev ... Petitioner / Accused No.3 Vs The State of Tamil Nadu Represented by the Inspector of Police, Melur Police Station, Madurai District.

(Crime No.651 of 2024) ... Respondent/Complainant For Petitioner : Ms.B.Kalpana, 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.651/2024 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 191(2), 191(3), 126(2), 296(b), 115(2), 324(4) and 351(3) of the BNS r/w. Section 4 of the TNPHW Act, 2004, in Crime No.651 of 2024 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 07.11.2024 at about 07.25 p.m, the defacto complainant and his wife were travelling in a car. The accused persons waylaid the defacto complainant and A2 is said to have forced the defacto complainant to speak with his brother over phone. When the same was refused, the defacto complainant was abused in filthy language and he was attacked using iron sword and he was also threatened with dire consequences. There are totally 4 named accused persons and 7 others involved in this case and the petitioner has been arrayed as A3.

3. The learned Government Advocate (Crl.Side) submitted that there are 2 previous cases pending against the petitioner. 2/5

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

5. Taking into consideration the facts and circumstances of the case and the manner, in which, the incident had taken place and also considering the fact that A1, A2 and A4 were granted anticipatory bail by this Court in Crl.OP(MD). No. 19650 of 2024 dated 14.11.2024, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions

6. 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 the order copy made ready, before the learned Judicial Magistrate Court, Melur, Madurai District, 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 3/5

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 report before the respondent police on every Monday and Friday at 05.30 pm for a period of six weeks and thereafter, 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]. 4/5

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

sd/- 19/11/2024 / TRUE COPY / / 11 /2024 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

pal TO

1. The Judicial Magistrate, Melur, Madurai District.

2. -do through The Chief Judicial Magistrate, Madurai District.

3. The Inspector of Police, Melur Police Station, Madurai District.

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

ORDER

IN CRL OP(MD) No.20056 of 2024 Date :19/11/2024 RD(25/11/2024) 5 P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 5/5