Sethuraman v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/12/2024 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH

1. Sethuraman

2. Rameshpandi

3. Muthu ... Petitioners/Accused Rank not known Vs The State of Tamilnadu, The Inspector of Police, Thirumangalam Taluk Police Station, Madurai District (Crime No.198 of 2024.) ... Respondent/Complainant For Petitioners :

Mr.Yesu Subananth J., 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.198 of 2024 on the file of the respondent police ORDER : The Court made the following order :- The petitioners / Accused Nos.5, 6 and 7, who apprehend arrest at the hands of the respondent Police for the offence under Sections 191(1), 296(b), 118(1) and 132 of BNS, 2023 in Crime No.198 of 2024 on the file of the respondent Police, seek anticipatory bail.

2. The case of the prosecution is that during the temple festival on 19.10.2024, the accused persons are said to have worn a T-shirt containing caste name and when the Police questioned the same, they abused them in filthy language and pushed down a police officer and also attacked with a wooden log. There are totally seven accused persons in this case and the petitioners have been arrayed as Accused Nos.5, 7 and 6 respectively.

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 the manner in which this incident had taken place, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions. 2/5

5. Accordingly, the criminal original petition is ordered and the petitioners are ordered to be released on bail on executing 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 learned Judicial Magistrate, Thirumangalam, Madurai District and on further conditions that:- [a] 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 every Friday at 05.30 p.m. for a period of four weeks and thereafter, 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 petitioners 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 BNSS, 2023.

sd/- 09/12/2024 / TRUE COPY / /12/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TSG To 1.The Judicial Magistrate, Thirumangalam, Madurai District.

2.Do through the Chief Judicial Magistrate, Madurai District.

3.The Inspector of Police, Thirumangalam Taluk Police Station, Madurai District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.J.YESU SUBANANTH, Advocate ( SR-15154[I] dated 10/12/2024 )

ORDER

IN CRL OP(MD) No.21571 of 2024 Date :09/12/2024 4/5

ED/ SKN /SAR- (18/12/2024) 5P / 6 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5