Vairavel v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04.12.2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH 1.Vairavel 2.Selvaraj ... Petitioners/Accused No.3 & 4 Vs (*)The Inspector of Police (Law and Order) Sethubavachathiram Police Station, Thanjavur District.
(Crime No.5 of 2024) ... Respondent/Complainant For Petitioners :
Mr.R.Venkateshwar, 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. 5 of 2024 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 296(b), 115(2), 118(1), 74, 109, 351(3) of BNS, in 1/5
Crime No.5 of 2024 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that on 04.11.2024, the accused persons had a quarrel with the defacto complainant due to a previous dispute. At that point of time, the defacto complainant and his wife are said to have been attacked with aruval and they sustained cut injuries. The overtact has been attributed against A1 and A2 and the petitioners, who have arrayed as A3 and A4, are said to have accompanied A1 and A2.
3. Heard the learned counsel on either side and perused the material records of the case.
4. Taking into consideration the facts and circumstances of the case and considering the overtact that has been attributed against the petitioners and also considering the fact that the injured has already been discharged from the hospital and A1 and A2 were arrested and later enlarged on bail and considering the fact that there are no previous cases against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
5. 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 District Munsif -cum- Judicial Magistrate, Peravoorani, Thanjavur District, on condition that the petitioner shall 2/5
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 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 petitioners shall report before the respondent police on every Monday and Friday at 10.30 a.m. for a period of 4 weeks and thereafter, as and when required. [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]. 3/5
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023. IPC.
sd/- 04/12/2024 (*)Amended as per order of this Hon'ble Court in CRL MP(MD).
13230/2024 in CRL OP(MD).
21030/2024 Dated 04/12/2024 / 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, PERAVOORANI, THANJAVUR DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.
3 THE INSPECTOR OF POLICE (LAW AND ORDER), SETHUBAVACHATHIRAM POLICE STATION, THANJAVUR DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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ORDER
IN CRL OP(MD) No.21030 of 2024 Date :04/12/2024 RS/VR/SAR-(09.12.2024) 5P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5