Mani v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/11/2024 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH
1. Mani
2. Rajkumar
3. M.Tamilarasi ... Petitioners/Accused No.1 to 3 Vs The Inspector of Police, Kattupatty Police Station, Madurai District.
(Crime No.161/2024) ... Respondent/Complainant For Petitioner :
Mr.R.Karuppiah, Advocate.
For Respondent :
Mr.A.Albert James, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No. 161 of 2024 on the file of the Respondent police.
ORDER : The Court made the following order :- The petitioners/accused No.1 to 3, who apprehend arrest at the hands of the respondent police in Crime No.161 of 2024 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that there was a previous dispute between the parties regarding taking water from a common well. On the date of occurrence, the 1/4
petitioners are said to have abused the defacto complainant and her mother in filthy language and they also attacked them with wooden log and 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 circumstances of this case and considering the fact that there was a previous dispute between the parties regarding sharing of water from well and there is a case and counter case under investigation in crime Nos. 160 and 161 of 2024 before the respondent police and the injured were only treated as out patients, 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 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, Vadipatti, Madurai District, on condition that the petitioners shall execute bonds for a sum of Rs.10,000/- (Rupees ten thousand only) each, 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 petitioners fail to surrender before the said Magistrate within a period of fifteen days, this order shall stand automatically cancelled. 2/4
[b] the first petitioner shall report before the respondent police every Friday, at 05.30 p.m., for a period of eight weeks and thereafter, as and when required for interrogation;
[c] the second and third petitioners shall report before the respondent police as and when required for interrogation;
[d]the petitioners shall not tamper with evidence or witness either during investigation or trial;
[e]the petitioners shall not abscond either during investigation or trial; [f] 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; [g] 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 3/4
TO 1 THE JUDICIAL MAGISTRATE, VADIPATTI, MADURAI DISTRICT. 2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE INSPECTOR OF POLICE, KATTUPATTY POLICE STATION, MADURAI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.R.KARUPPIAH, Advocate ( SR-14477[I] dated 25/11/2024 )
ORDER
IN CRL OP(MD) No.20461 of 2024 Date :25/11/2024 RS/VR/SAR-(05.12.2024) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4