Kannimuthu v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/11/2024 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH Kannimuthu, ... Petitioner/Accused No.2 Vs The State of Tamil Nadu, Rep. by the Sub-Inspector of Police, Palani Taluk Police Station, Palani, Dindigul District.

(Crime No. 442 of 2024).

... Respondent/Complainant For Petitioner : Mr.C.Jeya Prakash, Advocate.

For Respondent : Mr.B.Thanga Aravindh, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No. 442 of 2024 on the file of the Respondent police.

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ORDER : The Court made the following order :- The petitioner/accused No.2, who apprehends arrest at the hands of the respondent police for the offences under section 303 (2) of BNS Act in Crime No.442 of 2024 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the accused persons came in a two-wheeler and tried to steal the goats from the house of the defacto complainant. On hearing the noise of the neighbours they dropped the goats and fled away from the scene of occurrence. There are totally two accused persons in this case and the petitioner has been arrayed as Accused No.2.

3.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent Police. 4.Taking into consideration the facts and circumstances of the case and considering the fact that the goat has been recovered and there are no previous cases against the petitioner and accused No.1 was arrested and later, enlarged on bail, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions.

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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 learned Judicial Magistrate, Palani, 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] if the petitioner fails to surrender before the said Magistrate within a period of fifteen days, this order shall stand automatically cancelled; [b] the petitioner shall report 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]; and; 3/5

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

sd/- 20/11/2024 / TRUE COPY / /12/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TSG TO 1 THE JUDICIAL MAGISTRATE, PALANI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.

3 THE SUB-INSPECTOR OF POLICE, PALANI TALUK POLICE STATION, PALANI, DINDIGUL DISTRICT.

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

+1 CC to M/s.C.JEYAPRAKASH, Advocate ( SR-14295[I] dated 20/11/2024 ) 4/5

ORDER

IN CRL OP(MD) No.20160 of 2024 Date :20/11/2024 SS/VR/SAR- /02/12/2024/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5