Nagaraj 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 1.Nagaraj 2.Muthupandi 3.Thangapandi

...Petitioners/Accused 1 to 3

Vs The State of Tamil nadu rep by The Inspector of Police, Usilampatti Taluk Police Station, Madurai District.

(In Crime No.345 of 2024)

...Respondent/Complainant

For Petitioners :

Mr.J.Vishnu, Advocate 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.345 of 2024 on the file of the Respondent Police.

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ORDER : The Court made the following order :- The petitioners/accused Nos.1 to 3, who apprehend arrest at the hands of the respondent police for the offences punishable under sections 296 (b), 115(2), 118(1), 351(2) of BNS r/w Section 4 of the Tamil Nadu Prevention of Harassment of Women Act in Crime No.345 of 2024 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that there was a dispute between the parties. On the date of occurrence, the petitioners are said to have abused the defacto complainant in filthy language and caused serious injuries. 3.Heard the learned counsel 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 is a civil dispute between the parties and taking note of the fact that there is a case and counter case pending investigation before the respondent police in Crime Nos.345 and 346 of 2024 and also considering the fact that the injured is still taking treatment, 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 2/5

date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Usilampatti, Madurai 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 Monday and 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 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 in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and; 3/5

[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 To 1.The Judicial Magistrate No.I, Usilampatti, Madurai District.

2.Do through the Chief Judicial Magistrate, Madurai District.

3.The Inspector of Police, Usilampatti Taluk Police Station, Madurai District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.22710 of 2024 Date :20/12/2024 4/5

ED/ SKN /SAR- (07/01/2025) 5P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5