CRL OP(MD). No.16526 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Criminal Jurisdiction )
Date : 30/09/2024
PRESENT
The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY
CRL OP(MD). No.16526 of 2024
Balu @ Balamurugan, ... Petitioner/Accused No.2
Vs
The State of Tamil Nadu,
Rep by the Inspector of Police,
Melatur Police Station,
Thanjavur.
(Crime No.369/2024. ... Respondent/Complainant
For Petitioner : Mr.Dhilipan Pandian R.L., 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.369 of 2024 on the file of the Respondent Police.
ORDER : The Court made the following order :-
The petitioner/A2, who apprehends arrest at the hands of the respondent
police for the offences punishable under Sections 296(b), 118(1), 109 and 351(3) of
BNS, in Crime No.369 of 2024 on the file of the respondent police, seeks anticipatory
bail.
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CRL OP(MD). No.16526 of 2024
2.The case of the prosecution is that due to civil dispute, the petitioner abused
the defacto complainant's husband in filthy language, attacked him and threatened
him by showing aruval.
3.Heard. Perused the materials available on record including the First
Information Report.
4.Considering the nature of allegations that the occurrence arose on account of
civil dispute and the injured was discharged from the hospital and the co-accused
also enlarged on anticipatory bail, I am inclined to enlarge the petitioner on
anticipatory bail with certain conditions:
5.Accordingly, the petitioner is ordered to be released on bail in the event of
arrest or on his appearance, within a period of fifteen days from the date on which
the order copy made ready, before the learned Judicial Magistrate Court No.III,
Thanjavur, Thanjavur District, 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 learned Magistrate concerned, failing which, the
petition for anticipatory bail shall stand dismissed and on further condition that:
[a] the petitioner 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
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CRL OP(MD). No.16526 of 2024
card or Bank Pass Book to ensure their identity.
[b] the petitioner shall report before the respondent Police, daily at 10.30 a.m.,
for a period of three 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].
[f] If the accused thereafter absconds, a fresh FIR can be registered under
Section 229A IPC.
sd/-
30/09/2024
/ TRUE COPY /
/ 10 /2024
Sub-Assistant Registrar (C.S. I / II / III / IV)
Madurai Bench of Madras High Court,
Madurai - 625 023.
SJI
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CRL OP(MD). No.16526 of 2024
TO
1 THE JUDICIAL MAGISTRATE
NO.III, THANJAVUR DISTRICT.
2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE,
THANJORE DISTRICT AT KUMBAKONAM.
3 THE INSPECTOR OF POLICE,
MELATUR POLICE STATION, THANJAVUR.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS
HIGH COURT, MADURAI.
+1 CC to M/s.R.L.DHILIPAN PANDIAN, Advocate ( SR-12115[I] dated 03/10/2024 )
ORDER
IN
CRL OP(MD) No.16526 of 2024
Date :30/09/2024
PSP/ JGB /SAR /19.10.2024/ 4P/ 6C
Madurai Bench of Madras High Court is issuing certified
copies in this format from 17/07/2023
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