Dhuraimurugan v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/12/2024 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH
1. Dhuraimurugan,
2. Munishwaran, ... Petitioners/Accused Nos.1 and 2 Vs The State of Tamilnadu, Rep by the Inspector of Police, Aranthangi Police Station, Pudukkottai District.
Crime No.546 of 2024.
... Respondent/Complainant For Petitioners : Mr.R.Ramanujam for M/s.Gandhi Associates, For Respondent : Mr.A.Albert James, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.546 of 2024 on the file of the Respondent Police. 1/5
ORDER : The Court made the following order :- The petitioners/Accused Nos.1 and 2, who apprehend arrest at the hands of the respondent police for the offences punishable under sections 296(b), 329(3), 115(2), 118(1), 351(2) of BNS and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act in Crime No.546 of 2024 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that there was a land dispute between the parties. On the date of occurrence, the accused persons are said to have attacked the defacto complainant and his mother and abused them in filthy language and threatened them with dire consequences. The petitioners have been arrayed as Accused Nos.2 and 1 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 considering the nature of dispute between the parties and taking note of the fact that the injured has already been discharged from the Hospital and Accused No.2 has one previous case, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions.
5. Accordingly, the petitioners are ordered to be released on anticipatory bail in 2/5
the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Aranthangi, on condition that the petitioners shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the said Magistrate, on further condition that: [a] if the petitioners fail to surrender before the said Magistrate within a period of fifteen days, this order shall stand automatically cancelled. [b] the first petitioner shall report before the respondent Police every Friday at 05.30 P.M., for a period of three weeks and thereafter, as and when required for interrogation. The second petitioner shall report before the respondent Police 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 3/5
in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and; [f] if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.
sd/- 18/12/2024 / TRUE COPY / /01/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
TSG TO 1 THE JUDICIAL MAGISTRATE, ARANTHANGI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.
3 THE INSPECTOR OF POLICE, ARANTHANGI POLICE STATION, PUDUKKOTTAI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.M/S.GANDHI ASSOCIATES, Advocate ( SR-15706[I] dated 20/12/2024 ) 4/5
ORDER
IN CRL OP(MD) No.22289 of 2024 Date :18/12/2024 SA/SKN/SAR. /03.01.2025/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5