CRL OP(MD). No.20843 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Criminal Jurisdiction )
Date : 29/11/2024
PRESENT
The HONOURABLE MR. JUSTICE N.ANAND VENKATESH
CRL OP(MD). No.20843 of 2024
Chinnadurai ... Petitioner/Accused Rank not Known
Vs
The State of Tamilnadu,
Rep by the Inspector of Police,
Melapalayam Police Station,
Tirunelveli City.
Crime No.326 of 2024.. ... Respondent/Complainant
For Petitioner : Mr.P.Praveenkumar, Advocate
For Respondent : Mr.B.Thanga Aravindh,
Government Advocate (Crl.Side)
PETITION FOR ANTICIPATORY BAIL UNDER SECTION 482 OF BNSS
PRAYER :-
For Anticipatory Bail in Crime no.326 of 2024 on the file of the Respondent
Police.
ORDER : The Court made the following order :-
The petitioner/accused No.7, who apprehends arrest at the hands of the
respondent police for the offences punishable under section303(2) of BNS, 2023 in
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CRL OP(MD). No.20843 of 2024
Crime No.326 of 2024 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the accused persons came to the cattle
shed of the defacto complainant and took away four cows. There are totally 7 accused
persons in this case and the petitioner has been arrayed as A7.
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 circumstance of this case and
considering 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), 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 petitioner fails to surrender before the said Magistrate within a period
of fifteen days, this order shall stand automatically cancelled.
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CRL OP(MD). No.20843 of 2024
[b] the petitioner shall report before the respondent police every Friday at 05.30
p.m., for a period of six weeks and thereafter, 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 269 of BNS, 2023.
sd/-
29/11/2024
/ TRUE COPY /
/ 12 /2024
Sub-Assistant Registrar (C.S. I / II / III / IV)
Madurai Bench of Madras High Court,
Madurai - 625 023.
PNM
TO
1 THE JUDICIAL MAGISTRATE, NO.V, TIRUNELVELI
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CRL OP(MD). No.20843 of 2024
2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, THIRUNELVELI DISTRICT.
3 THE INSPECTOR OF POLICE,
MELAPALAYAM POLICE STATION,TIRUNELVELI CITY.
4. THE ADDITIONAL PUBLIC PROSECUTOR,
MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to P.PRAVEENKUMAR Advocate SR.No.14747(I) dated 29/11/2024
ORDER
IN
CRL OP(MD) No.20843 of 2024
Date :29/11/2024
PSP/ VR /SAR /11.12.2024/ 4P/ 6C
Madurai Bench of Madras High Court is issuing certified
copies in this format from 17/07/2023
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