Muppaidathi @ Aaru v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06.12.2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH 1.Muppaidathi @ Aaru 2.Murugan ... Petitioners/ Accused 1 & 2 Vs The State of Tamil Nadu Represented by the Inspector of Police, Pappakudi Police Station, Tirunelveli District.

(Crime No.336 of 2024) ... Respondent/Complainant For Petitioners: Mr.S.Kasirajan, Advocate For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL UNDER SECTION 482 OF BNSS PRAYER :- For Anticipatory Bail in Crime No. 336 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 1/5

the alleged offences under Sections 109(1), 296(b), 308(4) and 351(3) of BNS, in Crime No.336 of 2024 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the accused persons threatened the defacto complainant on 26.10.2024 at about 07.00 p.m. and demanded for a sum of Rs.500/- for drinking alcohol. Since the amount was not paid, the defacto complainant is said to have abused in filthy language and threatened with dire consequences by showing a knife.

3. The learned Government Advocate (Criminal Side), on instructions, submitted that there are 33 previous cases against A1 and 12 previous cases against A2.

4. The learned counsel for the petitioners submitted that a false has been foisted against the petitioners since there are some previous cases pending against them.

5. Heard the learned counsel on either side and perused the material records of the case.

6. Taking into consideration the facts and circumstances of the case and the manner in which the prosecution has projected this case and taking note of the previous cases against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

7. Accordingly, the petitioners are ordered to be released on bail in the event of 2/5

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, Alangulam, 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 learned Judicial Magistrate Court, Alangulam daily at 10.30 a.m. until further orders. [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 3/5

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/- 06/12/2024 / 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 ALANGULAM.

2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

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

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

+1 CC to M/s.S.KASIRAJAN, Advocate ( SR-15094[I] dated 09/12/2024 ) 4/5

ORDER

IN CRL OP(MD) No.21402 of 2024 Date :06/12/2024 PSP/ VR /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