Sanjeevgandhi v. State Of Tamil Nadu Rep. By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06.01.2025 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Sanjeevgandhi ... Petitioner / Accused No.1 (in FIR mentioned as Sanjeev) Vs.
State rep by The Inspector of Police, Thirumangalam Taluk Police Station, Madurai District.
(Crime No.160 of 2023) ... Respondent / Complainant For Petitioner :
Mr.R.Sundar, Advocate For Respondent :
Mr.P.Kottaichamy Government Advocate (Crl.) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.160 of 2023 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioners/Accused, apprehending arrest at the hands of the respondent 1/4
police for the alleged offence punishable under Sections 294(b), 323, 324, 506(ii) and 109 of IPC in Crime No.160 of 2023, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that due to property dispute, the petitioners, who are the relatives of the defacto complainant, abused the defacto complainant and his father and assaulted them with wooden logs and hands. Hence the complaint.
3. Learned Government Advoate (Crl.side) would submit that earlier petition filed by the petitioner seeking anticipatory bail was dismissed by this Court, by considering the previous cases pending against the petitioner.
4. So far, this petitioner is concerned Crl.O.P.(MD)No.16749 of 2023 and Crl.O.P.(MD)No.19763 of 2023 were dismissed by this Court on the ground that this petitioner is involved in four previous cases. Now it has been submitted by the petitioner that out of the four cases, two cases ended in action drop and two cases are pending for trial.
5. Learned Government Advocate (Crl.) would fairly submit that out of the civil issue between the defacto complainant and the petitioners and others, the present occurrence said to have been taken place.
6. Inspite of the dismissal of earlier applications, it appears that the 2/4
respondent has not taken any steps to arrest the accused for custodial interrogation. In view of the above submission made by the learned Government Advocate, this Court is inclined to grant relief to the petitioner with conditions.
7. Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate, Thirumangalam, on condition that the petitioner 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 learned Magistrate concerned. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
8. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail will stand dismissed. sd/- 06/01/2025 / TRUE COPY / /01/2025 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
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To 1.The Judicial Magistrate, Thirumangalam.
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.R.SUNDAR, Advocate ( SR-280[I] dated 08/01/2025 )
ORDER
IN CRL OP(MD) No.22777 of 2024 Date :06/01/2025 ED/ SKN /SAR- (17/01/2025) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4