G. Sachin v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/11/2024 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH G.Sachin ... Petitioner/Accused No.1 Vs The Inspector of Police, Thiruverambur Police Staton, Trichy District.

(Crime No. 573 of 2024) ... Respondent/Complainant For Petitioner :

Mr.J.Vishnu, 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. 573 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 offence under Sections 191(2), 191(3), 296(b), 115(2), 118(1), 351(3) of BNS Act & Section 4 of TNPHW Act, 2002 in Crime No.573 of 2024 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the accused persons were consuming liquor in front of the house of the defacto complainant and when the same was 1/4

questioned by the defacto complainant, he was attacked and he sustained head injuries. There are totally 7 accused persons and the petitioner is arrayed as A1. 3.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent. 4.The learned Government Advocate (Crl.Side) submitted that there are eight previous cases against the petitioner and that the defacto complainant has been discharged from the hospital.

5.The learned counsel for the petitioner submitted that the defacto complainant had attacked the petitioner and the petitioner sustained grievous injuries and the complaint given by the petitioner before the respondent Police was not entertained. 6.Taking into consideration of the facts and circumstances of the case and the manner in which, the incident had taken place and also considering the fact that the injured has been discharged from the hospital and taking note of the previous cases against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner. 7.Accordingly, this criminal original petition is ordered and 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, Additional Mahila Court, Tiruchirappalli, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees 2/4

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 fail to surrender before the said Magistrate within a period of fifteen days, this order shall stand automatically cancelled. [b] 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. [c] the petitioner shall report before the respondent police on every Monday and Friday at 05.30p.m., for a period of six weeks, thereafter, as and when required for interrogation.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[e] the petitioner 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 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; 3/4

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

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.

PNM TO 1 THE JUDICIAL MAGISTRATE ADDITIONAL MAHILA COURT, TRICHY. 2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT. 3 THE INSPECTOR OF POLICE, THIRUVERAMBUR POLICE STATON, TRICHY DISTRICT.

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

ORDER IN CRL OP(MD) No.20562 of 2024 Date :26/11/2024 RS/SKN/SAR-(09.12.2024) 4P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4