Palanisamy v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20.12.2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH CRL OP(MD). No.22611 of 2024 P.Palanisamy

...Petitioner/sole Accused

Vs Sate of Tamil Nadu rep by.

The Sub Inspector of Police, SS Colony Police Station, Madurai City, Crime No.806 of 2024

...Respondent/Complainant

For Petitioner: Mr.G.Mohankumar, Advocate For Respondent : Mr.A.Albert James Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL UNDER SECTION 482 OF BNSS PRAYER :- For Anticipatory Bail in Crime No.806 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/sole accused, who apprehends arrest at the hands of the respondent police for the offences punishable under sections 296(b), 115(2) and 351(2) BNS in Crime No.806 of 2024 on the file of the respondent police, seeks anticipatory 1/4

bail.

2.The case of the prosecution is that the petitioner had received a hand loan of a sum of Rs.14 lakhs from the defacto complainant. There was some dispute regarding repayment of this amount. When the defacto complainant asked for the money, the petitioner is said to have abused in filthy language and threatened with dire consequences.

3.Heard the learned appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent Police. 4.Taking into consideration the facts and circumstances of the case and also considering the fact that there was a money dispute between the parties, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions. 5.Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.V, Madurai on condition that the petitioner 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 petitioner fails to surrender before the said Magistrate within a period 2/4

of fifteen days, this order shall stand automatically cancelled. [b] the petitioner shall report before the respondent police as and when required for interrogation;

[c]the petitioner shall not tamper with evidence or witness either during investigation or trial;

[d]the petitioner 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 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 229-A IPC.

sd/- 20/12/2024 / TRUE COPY / / 01 /2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

TA 3/4

TO 1 THE JUDICIAL MAGISTRATE NO.V, MADURAI.

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

3 THE SUB INSPECTOR OF POLICE, SS COLONY POLICE STATION, MADURAI CITY.

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

+1 CC to M/s.G.MOHAN KUMAR, Advocate ( SR-15758[I] dated 20/12/2024 )

ORDER

IN Date :20/12/2024 PSP/ SKN /SAR /03.01.2025/ 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4