Jeyamuthu v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/11/2024 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH

1. Jeyamuthu

2. Kanagalakshmi

3. Rekha

4. Valaramathi

5. Karpagam

6. Manimuthu ... Petitioners/Accused No.1 to 6 Vs The State of Tamilnadu, Rep by the Inspector of Police, Alangulam Police Station, Alangulam, Virudhunagar District.

(Crime No.144 of 2024.) ... Respondent/Complainant For Petitioners :

M/s.P.Ponraj, Advocate.

For Respondent :

Mr.A.Albert James, Government Advocate (Crl.Side) 1/5

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.144 of 2024 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/accused No.1 to 6, who apprehend arrest at the hands of the respondent police for the offences punishable under 191(2), 296(b), 115(2), 133, 324

(4) and 351(2) of BNS, 2023 r/w Section 4 of TamilNadu Prohibition of Harassment of Women Act, 2002, in Crime No.144 of 2024 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that there was a property dispute between the parties and that the accused persons went to the property of the complainant and removed the boundary stones.

3. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Criminal Side) appearing for the respondent Police.

4. Taking into consideration the facts and circumstance of this case and considering the fact that there was a property dispute between the parties, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions.

5. Accordingly, the petitioners are ordered to be released on anticipatory bail 2/5

in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Sattur, Virudhunagar District, on condition that the petitioners shall execute bonds for a sum of Rs.10,000/- (Rupees ten thousand only) with two common 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 petitioners fail to surrender before the said Magistrate within a period of fifteen days, this order shall stand automatically cancelled. [b] the petitioners shall report before the respondent police as and when required for interrogation;

[c]the petitioners shall not tamper with evidence or witness either during investigation or trial;

[d]the petitioners 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 petitioners 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]; and; 3/5

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

sd/- 25/11/2024 / TRUE COPY / /12/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

SM To 1.The Judicial Magistrate No.II, Sattur, Virudhunagar District.

2.Do through the Chief Judicial Magistrate, Virudhunagar District at Srivilliputhur.

3.The Inspector of Police, Alangulam Police Station, Alangulam, Virudhunagar District.

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

+1 CC to M/s.P.PONRAJ, Advocate ( SR-14482[I] dated 25/11/2024 )

ORDER

IN CRL OP(MD) No.20409 of 2024 Date :25/11/2024 4/5

ED/ 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