Ramarpandi v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20.12.2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Ramarpandi

...Petitioner/Accused Rank not known

Vs The State through The Inspector of Police, Manur Police Station, Tirunelveli District.

(Crime No.442 of 2024)

...Respondent/Complainant

For Petitioner: Mr.M.Yesudasan, 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.442 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/accused rank not known, who apprehends arrest at the hands of the respondent police for the offences punishable under sections 3 of TNPPDL Act, 1992 r/w 506(ii) IPC in Crime No.442 of 2024 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that on 14.06.2024, the petitioner heard his dog 1/4

barking. When he came outside the house, he found that unknown persons have damaged the car and they threatened the defacto complainant with dire consequences and fled away from the place in a two wheeler. 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 the petitioner was already granted anticipatory bail by the Sessions Court and since the petitioner did not execute the sureties in time, the said order lapsed and the second accused had already been granted anticipatory bail and also taking note of the fact that there are no previous cases against the petitioner, 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, Tirunelveli 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: 2/4

[a] if the petitioner fails to surrender before the said Magistrate within a period 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, TIRUNELVELI.

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

3 THE INSPECTOR OF POLICE, MANUR POLICE STATION, TIRUNELVELI DISTRICT.

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

+1 CC to M/s.S.VIKRAMAN, Advocate ( SR-15845[I] dated 24/12/2024 )

ORDER

IN CRL OP(MD) No.22712 of 2024 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