Anbu Sebasthiyar v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20.12.2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH 1.Anbu Sebasthiyar 2.Karthar Raja 3.Irudhayaraj ... Petitioners / Accused 1 to 3 Vs The State of Tamil Nadu Represented by the Inspector of Police, Udayalipatti Police Station, Pudukkottai District.

(Crime No.143 of 2024) ... Respondent/Complainant For Petitioners : Mr.K.M.Karunakaran, Advocate For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act. 1/5

PRAYER :- For Anticipatory Bail in Crime No. 143 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 191(2), 126(2), 296(b), 118(1), 351(3) of BNS, 2023, in Crime No.143 of 2024 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that there was some family dispute between the parties. The accused persons are said to have abused the defacto complainant in filthy language and attacked him and caused grievous injuries.

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 fact that there was a family dispute between the parties and the injured is taking treatment in the hospital and taking note of the previous cases 2/5

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 (*)Judicial Magistrate Court, Keeranur, on condition that the petitioners 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 daily at 10.30 a.m. until further orders.

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

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

sd/- 20/12/2024 (*)AMENDED AS PER THE ORDER OF THIS HON'BLE COURT in CRL MP(MD)No.157 of 2025 in CRL OP(MD)No.22231 of 2024 dated 08/01/2025.

/ TRUE COPY / /01/2025 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

PAL 4/5

TO TO BE SUBSTITUTED WITH THE ORDER DATED 20/12/2024 1 THE JUDICIAL MAGISTRATE, KEERANUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE PUDUKKOTTAI DISTRICT.

3 THE INSPECTOR OF POLICE, UDAYALIPATTI POLICE STATION, PUDUKOTTAI DISTRICT.

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

+1 CC to M/s.K.M.KARUNAKARAN, Advocate ( SR-15809[I] dated 20/12/2024 ) +1 CC to M/s.K.M.KARUNAKARAN, Advocate ( SR-241[I] dated 08/01/2025 )

ORDER

IN CRL OP(MD) No.22231 of 2024 Date :20/12/2024 SS/SKN/SAR- /24/01/2025/ 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5