Syed Meeran v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03.12.2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH 1.Syed Meeran 2.Raja @ Rajaa Mohamed Ali 3.Sabarullahkhan @ Sabarullakhan 4.Sundarraj @ Sundararaj ... Petitioners/Accused 1 to 4 Vs The State of Tamil Nadu Represented by the Inspector of Police, Melur Police Station, Melur, Madurai District.
(Crime No.13 of 2021) ... Respondent/Complainant For Petitioners: Mr.S.Rabeek Raja, Advocate For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Criminal Side) 1/5
PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act. PRAYER :- For Anticipatory Bail in Crime No. 13 of 2021 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences under Sections 294(b), 323, 324 and 506(i) of IPC, in Crime No.13 of 2021 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that there was a previous dispute between the defacto complainant who is a retired VAO and the accused persons. On the date of incident, the accused persons are said to have abused the defacto complainant in filthy language and attacked him with wooden log and iron rod and caused serious injuries and he was also threatened with dire consequences.
3. The learned Government Advocate (Criminal Side), on instructions, submitted that the petitioners have been arrayed as A1 to A4 in this case and except A4 other accused persons do not have any previous cases. 2/5
4. Heard the learned counsel on either side and perused the material records of the case.
5. Taking into consideration the facts and circumstances of the case and considering the manner in which this incident had taken place due to a previous dispute and the injured has already been discharged from the hospital and except A4 other accused persons do not have any previous cases, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate Court, Melur, Madurai District, on condition that the 1st to 3rd petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two common sureties and the 4th petitioner (A4) 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 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 3/5
shall stand dismissed and on further condition that: [a] the petitioners 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 4th petitioner (A4) shall report before the respondent Police on every Friday at 05.30 p.m. for a period of 6 weeks and thereafter, as and when required. The 1st to 3rd petitioners (A1 to A3) shall appear 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 petitioner 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]. 4/5
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023. IPC.
sd/- 03/12/2024 / TRUE COPY / /12/2024 Sub-Assistant Registrar (CS-I / II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.
pal TO
1. THE JUDICIAL MAGISTRATE COURT, MELUR, MADURAI DISTRICT, 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.
3. THE INSPECTOR OF POLICE, MELUR POLICE STATION, MELUR, MADURAI DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.S.RABEEK RAJA, Advocate ( SR-14904[I] dated 04/12/2024 )
ORDER
IN CRL OP(MD) No.21048 of 2024 Date :03/12/2024 RK/VR(11/12/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5