Ramar v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/12/2024 PRESENT The HONOURABLE MR. JUSTICE P. DHANABAL

1. Ramar ... Petitioners/Accused No.1

2. Surya @ Palani Suriya ... Petitioners/Accused No.2

3. Tamilmurasu ... Petitioners/Accused No.3

4. Kameshwaran ... Petitioners/Accused No.4

5. Dellibabu @ Delhi Babu ... Petitioners/Accused No.5

6. Dhanam @ Thanam ... Petitioners/Accused No.6

7. Ramasamy ... Petitioners/Accused No.7

8. Chinnathambi @ Murugesan ... Petitioners/Accused No.8 Vs.

The State of Tamil Nadu, The Inspector of Police, Paramakudi Town Police Station, Ramanathapuram District.

In Crime No.373/2024..

... Respondent/Complainant For Petitioners : Mr..K.Rajiv Gandhi , Advocate For Respondent : Mr.M.Sakthi Kumar Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/5

PRAYER :- For Anticipatory Bail in Crime No.373/2024 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioners/accused 1 to 8, who apprehend arrest at the hands of the respondent for the offences punishable under sections 189(2), 296(b), 115(2), 118(2), 351(2) of BNS 2023 in Crime No.373 of 2024 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to sudden provocation, the accused made wordy quarrel with the defacto complainant and attacked him with hands and sticks due to which he sustained injuries. Hence, the case.

3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they were falsely implicated in this case. They have not committed any offence as alleged by the prosecution. The alleged occurrence as stated in the complaint is totally false.

4. The learned Government Advocate (Crl. Side) submits that the accused attacked the defacto complainant with hands and sticks. There is a case and counter 2/5

case and injured was discharged form the hospital.

5. Heard both sides and perused the materials available on record.

6. Considering the rival submissions on either side, considering the nature of offences charged against the petitioners, considering the fact there is a case and counter case and injured was discharged from the hospital, I am inclined to grant anticipatory bail to the petitioners, subject to the following conditions: [a] Accordingly, the petitioners are ordered to be released on anticipatory bail on condition to 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 Judicial Magistrate Court, Paramakudi, Ramanathapuram District and on further conditions that:

[b] the petitioners shall report before the respondent police on all Saturdays at 10.00 a.m for a period of four weeks and thereafter as and when required for interrogation.

[c] the petitioners shall not commit any offences of similar nature. 3/5

[d] the petitioners shall not abscond either during investigation or trial. [e] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[f] On breach of any of the aforesaid conditions, the learned Judicial 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

sd/- 27/12/2024 / TRUE COPY / /01/2025 Sub-Assistant Registrar (CS-I / II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

CM 4/5

TO

1. THE JUDICIAL MAGISTRATE, PARAMAKUDI, RAMANATHAPURAM DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM.

3.THE INSPECTOR OF POLICE, PARAMAKUDI TOWN POLICE STATION, RAMANATHAPURAM DISTRICT.

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

+1 cc to MR.K.RAJIV GANDHI, Advocate SR No.15891 dated 27.12.2024

ORDER

IN CRL OP(MD) No.22921 of 2024 Date :27/12/2024 RK/SKN (02/01/2025) 5P /6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5