Suriyaprakash v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26.11.2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Suriyaprakash ... Petitioner / Accused No.4 Vs The State of Tamil Nadu Represented by the Inspector of Police, Thiruppathur Town Police Station, Sivagangai District.
(Crime No.196 of 2024) ... Respondent/Complainant For Petitioner : Mr.S.Manojkumar, Advocate For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act. PRAYER :- For Anticipatory Bail in Crime No. 196 of 2024 on the file of the respondent police.
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), 296(b), 115(2), 118(1), 351(3) of the 1/5
BNS, in Crime No.196 of 2024 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on the day of Diwali (ie., 31.10.2024), there was a quarrel between the groups belonging to two villages, as a result of which, many persons were injured. A case and case in counter were registered in Cr.Nos.196 and 197 of 2024. There are totally 14 accused persons involved in this case and the petitioner is arrayed as A13.
3. Heard the learned counsel on either side and perused the material records of the case.
4. Taking into consideration of the facts and circumstances of the case and the manner in which, the incident had taken place, case and case in counter were registered against the accused persons and also considering the fact that A8 was already granted anticipatory bail in Crl.OP(MD).No.19253 of 2024 dated 08.11.2024, this Court is inclined to grant anticipatory bail to the petitioner.
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 the order copy made ready, before the learned Judicial Magistrate, Thiruppathur, 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 2/5
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.
[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/- 26/11/2024 / 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, THIRUPPATHUR.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.
3 THE INSPECTOR OF POLICE, THIRUPPATHUR TOWN POLICE STATION, SIVAGANGAI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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ORDER
IN CRL OP(MD) No.20530 of 2024 Date :26/11/2024 SA/SKN/SAR. /09.12.2024/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5