Selvakumar v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/12/2024 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH

1. Selvakumar

2. Baskaran ... Petitioners/Accused Nos.2 and 3 Vs The State of Tamil Nadu, Rep.By, the Inspector of Police, Nalatinpudur Police Station, Thoothukudi District.

(Crime No.237 of 2024).

... Respondent/Complainant For Petitioners : Mr.M.Prabu, Advocate.

For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.237 of 2024 on the file of the Respondent Police. 1/5

ORDER : The Court made the following order :- The petitioners /accused Nos.2 and 3, who apprehend arrest at the hands of the respondent police for the offences under sections 296(b), 127(2), 118(1) and 351(3) of BNS in Crime No.237 of 2024 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on 09.12.2024, the defacto complainant had left his cattle for pasturing in front of the house of the accused persons. There was a wordy quarrel and the accused persons are said to have attacked the defacto complainant with wooden sticks and threatened him with dire consequences. There are totally three accused persons in this case and the petitioners have been arrayed as Accused Nos.2 and 3. Accused No.1 has already been arrested in this case.

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 manner in which this incident had taken place and also taking note of the fact that there is one previous case against the first petitioner and no previous 2/5

cases against the second petitioner and the injured has already been discharged from the hospital, 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 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 No.I, Kovilpatti, Thoothukudi District, 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 petitioners shall report before the respondent police every Friday at 10.30 a.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 3/5

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 petitioner 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]; 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 (CS-I / II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

TSG TO 1.THE JUDICIAL MAGISTRATE NO.I, KOVILPATTI, THOOTHUKUDI DISTRICT, 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI.

3.THE INSPECTOR OF POLICE, NALATINPUDUR POLICE STATION, THOOTHUKUDI DISTRICT. 4/5

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

ORDER

IN CRL OP(MD) No.22314 of 2024 Date :18/12/2024 RK/VR (06/01/2025) 5P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5