Vasantha Kumar v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/11/2024 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH

1. Vasantha Kumar

2. Ragul, ... Petitioners/Accused Rank not known Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Sivakasi Town Police Sttion, Virudhunagar District.

(In Crime No. 318 of 2024).

... Respondent/Complainant For Petitioners : Mr.K.Dinesh, Advocate.

For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/5

PRAYER :- For Anticipatory Bail in Crime No. 318 of 2024 on the file of the Respondent police. ORDER : The Court made the following order :- The petitioners /Accused, who apprehend arrest at the hands of the respondent Police for the offence under Sections 296(b), 118(2) and 351(3) of BNS in Crime No.318 of 2024, on the file of the respondent Police, seek anticipatory bail.

2. The case of the prosecution is that the defacto complainant is running a hotel. On 18.09.2024, the accused persons came to the hotel in an inebriated state and developed a quarrel. The defacto complainant and his father were attacked by the accused persons and they sustained injuries. There are totally five accused persons in this case and the petitioners have been arrayed as Accused Nos.1 and 3.

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 the case and considering the fact that the injured has been discharged from the hospital and there 2/5

are no previous cases against the petitioners and also considering the age of the petitioners, 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 No.I, Sivakasi, on condition that the petitioners shall execute a bond 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. [b] the petitioners shall report before the respondent police every Monday and Friday at 05.30 p.m., for a period of eight weeks and thereafter, as and when required for interrogation;

[c]the petitioners shall not tamper with evidence or witness either during 3/5

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

sd/- 27/11/2024 / TRUE COPY / /12/2024 Sub-Assistant Registrar (CS-I / II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

TSG TO 1.THE JUDICIAL MAGISTRATE NO.I, SIVAKASI, 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT @ SRIVILLIPUTHUR.

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3.THE INSPECTOR OF POLICE, SIVAKASI TOWN POLICE STTION, VIRUDHUNAGAR DISTRICT.

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

+1 CC to M/s.K.DINESH, Advocate ( SR-14584[I] dated 27/11/2024 )

ORDER

IN CRL OP(MD) No.20624 of 2024 Date :27/11/2024 RK/SKN (06/12/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5