Anbarasan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/11/2024 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH Anbarasan, ... Petitioner/ Sole Accused Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Karaikudi North Police Station, Sivagangai District.

(Crime No. 468 of 2024).

... Respondent/Complainant For Petitioner : Mr.R.Vinoth, Advocate.

For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITIONS FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No. 468/2024 on the file of the Respondent Police. 1/5

ORDER : The Court made the following order :- The petitioner / Sole Accused, who was arrested and remanded to judicial custody on 12.11.2024 for the offence under Section 25(1A) of Arms Act, 1959 in Crime No.468 of 2024 on the file of the respondent Police, seeks bail.

2. The case of the prosecution is that the petitioner was having a huge aruval in his hand and he was threatening the general public on 12.11.2024 at about 10.00 a.m.

3. The learned counsel appearing for the petitioner submitted that a false case has been foisted against the petitioner and the petitioner is infact running a welding shop and on 10.11.2024, the Police came to the shop and asked him to close the shop and there was a wordy quarrel and as a result of which, a false case was foisted against him. He further submitted that the petitioner was taking treatment in a hospital on 12.11.2024 and he was present in the hospital at 11.30 a.m., for which, the CCTV footages are available.

4. The learned Government Advocate (Criminal Side) submitted that the petitioner is a history sheeter and there are eight previous cases pending against him.

5. Taking into consideration the facts and circumstances of the case and the manner in which the incident is said to have taken place and considering the grounds raised by the petitioner and also taking into account the fact that the petitioner has suffered incarceration from 12.11.2024, this Court is inclined to grant bail to the 2/5

petitioner subject to the following conditions.

6. Accordingly, the criminal original petition is ordered and the petitioner is ordered to be released on bail on executing 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 learned Judicial Magistrate, Karaikudi, Sivagangai District and on further conditions that:- [a] 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 report before the learned Judicial Magistrate, Karaikudi daily at 10.30 a.m., for a period of three weeks and thereafter, 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 3/5

in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 21/11/2024 / TRUE COPY / 21 / 11 /2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

TSG TO 1 THE JUDICIAL MAGISTRATE KARAIKUDI, SIVAGANGAI DISTRICT.

2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT. 3 THE OFFICER INCHARGE DISTRICT PRISON, RAMANATHAPURAM.

4 THE INSPECTOR OF POLICE KARAIKUDI NORTH POLICE STATION, SIVAGANGAI DISTRICT.

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

+1. CC to T. VEERAKUMAR Advocate SR.No.14377(I) dated 21/11/2024 4/5

ORDER

IN CRL OP(MD) No.20269 of 2024 Date :21/11/2024 PSP/ /SAR /21.11.2024/ 5P/ 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5