Sornamuthu Alias Surya 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.Sornamuthu @ Surya 2.Balachandar @ Balasanthar ... Petitioners/Accused 10 & 11 Vs The State of Tamil Nadu Represented by the Inspector of Police, Manur Police Station, Tirunelveli District.

(Crime No.900 of 2024) ... Respondent/Complainant For Petitioners: Mr.N.Pragalathan, 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. 900 of 2024 on the file of the respondent police.

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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 191(2), 191(3), 296(b), 115(2), 118(1), 109(1), 351(3) and 3(5) of BNS, in Crime No.900 of 2024 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that A1 did not want one Vijay to have any connection with the defacto complainant and not to talk with him since there was a pending dispute with the defacto complainant. On 17.11.2024, the defacto complainant was seen talking with the said Vijay. There was a wordy quarrel and at about 3.15 p.m., A1 to A12 came to the scene of the occurrence and attacked the defacto complainant and Vijay with wooden log, knife and aruval and as a result, both of them sustained serious injuries. There are totally 12 accused persons in this case and the petitioners have been arrayed as A10 and A11.

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 also considering the fact A8 and A9 have already been granted anticipatory bail by this Court in Crl.OP(MD).No.20739 of 2024 dated 28.11.2024, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 2/5

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 Judicial Magistrate No.V, Tirunelveli District, on condition that the petitioner 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 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 05.30 p.m. for a period of 8 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 3/5

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

sd/- 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 JUDICIAL MAGISTRATE NO.V, TIRUNELVELI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE INSPECTOR OF POLICE, MANUR POLICE STATION, TIRUNELVELI DISTRICT.

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

+1 CC to M/s.N.PRAGALATHAN, Advocate ( SR-14920[I] dated 04/12/2024 ) 4/5

ORDER

IN CRL OP(MD) No.21160 of 2024 Date :04/12/2024 SA/GSV/SAR. /11.12.2024/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5