Madras High CourtCRL OP(MD)/22910/2024allowed

J John Britto v. The State Of Tamilnadu

2025-01-10Honourable Mr Justice N. Anand Venkatesh5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10.01.2025 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH 1.J.John Britto 2.Manju Margret ... Petitioners/ Accused 1&2 Vs The State of Tamil Nadu Represented by the Inspector of Police, Kollidam Police Station, Trichy District.

(Crime No.266 of 2024) ... Respondent/Complainant Rajesh ... Petitioner/Intervener/Defacto complainant in CRL MP(MD)No.366 of 2025 in CRL OP(MD)No.22910 of 2024 For Petitioners : Mr.T.Leninkumar, Advocate For Respondent : Mr.A.Albert James, Government Advocate (Criminal Side) For Intervenor : Mr.K.Sivabalan, Advocate 1/5

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act. PRAYER :- For Anticipatory Bail in Crime No. 266 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences under Section 303(2) of BNS, 2023, in Crime No.266 of 2024 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the defacto complainant was the partner of a firm and the accused persons were also partners in that firm. In yet another firm in which the accused persons were running a business, they are said to have used the advertisement board belonging to the partnership firm. Earlier there was a dispute regarding the same and they undertook not to utilise the advertisement boards. Subsequently, the accused persons are said to have stolen the advertisement board erected by the defacto complainant and thereby caused a loss of Rs.1,50,000/-. There are totally 6 accused persons in this case and the petitioners have been arrayed as A1 and A2.

3. Heard the learned counsel on either side and perused the material records of the case.

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4. Taking into consideration the facts and circumstances of the case and considering the nature of dispute between the parties, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

5. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned District Munsif -cum- Judicial Magistrate, Srirangam, on condition that the petitioners 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity. [b] the petitioners shall appear before the respondent police as and when required.

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[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 petitioner 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023. IPC.

sd/- 10/01/2025 / TRUE COPY / /02/2025 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, SRIRANGAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUCHIRAPPALLI DISTRICT.

3 THE INSPECTOR OF POLICE, KOLLIDAM POLICE STATION, TRICHY DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.K.SIVABALAN, Advocate ( SR-437[I] dated 10/01/2025 ) +1 CC to M/s.T.LENIN KUMAR, Advocate ( SR-500[I] dated 17/01/2025 )

ORDER

IN CRL OP(MD) No.22910 of 2024 Date :10/01/2025 SS/SKN/SAR- /05/02/2025/ 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5