Anticipatory bail sought for offences including preventing a public servant from arrest under BNS; co-accused already released on bail and petitioner granted bail in prior cases. Court granted bail on conditions including daily police reporting and bond with two sureties.
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Crl.O.P.No.31330 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.12.2024
CORAM
THE HON'BLE MR. JUSTICE P.DHANABAL
Crl.O.P.No.31330 of 2024
Nagaraj ... Petitioner
Vs.
State Represented by, The Inspector of Police, Kottapatti Police Station, Dharmapuri District. Crime No.114 of 2024. ... Respondent
PRAYER: Criminal Original Petition filed under Section 482 of BNSS,
pleased to enlarge the petitioner on bail on anticipatory bail in Crime No.114
of 2024 on the file of the respondent police.
For Petitioner : Mr.J.Pradeep
For Respondent : Mr.S.Balaji Government Advocate (Crl.Side)
O R D E R
The petitioner / Accused who apprehend arrest at the hands of the
respondent police for the offences punishable under Section 132 of BNS,
Crl.O.P.No.31330 of 2024
2023, in connection with the Cr. No.114 of 2024, seek anticipatory bail.
respondent police went to arrest this accused for the offence under Section 4(1)(g), 4(1)(a) r/w Section 4(1-A) of TNP Act in Crime No.114 of 2024, the petitioners 2 to 4 threatened to commit suicide, thereby preventing the respondent from arresting this petitioner. Hence, the case.
that may be imposed by this Court and therefore, he prayed to grant anticipatory bail to the petitioner.
2/6
Crl.O.P.No.31330 of 2024
nature of offence, and already co-accused were released on bail by this Court, though the petitioner has three previous cases, in all the cases, he has been granted bail, this court has already dismissed the earlier anticipatory bail application filed by the petitioner, even after the police have not taken steps to secure the accused and also considering all other factors, I am inclined to grant anticipatory bail to the petitioner subject to the following conditions.
Crl.O.P.No.31330 of 2024
the event of arrest or on their appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned Judicial Magistrate, Harur, o n 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 learned Magistrate concerned and on further condition that:
[a] the petitioner shall report before the respondent police, daily at
10.30 a.m. until further orders.
[b] the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence;
[c] the petitioner shall not leave India without the previous permission of the Court;
[d] the petitioner shall not abscond either during investigation or
trial.
4/6
Crl.O.P.No.31330 of 2024
[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 abscond, a fresh FIR can be registered under Section 269 B.N.S.2023.
16.12.2024
drl
To
Crl.O.P.No.31330 of 2024
P.DHANABAL, J .
drl
Crl.O.P.No.31330 of 2024
16.12.2024
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner under Section 482 BNSS in Crime No.114 of 2024 despite an earlier dismissal and pending cases.
Colour shows how this judgement treated each authority
P.K.Shaji vs. State of KeralaRelied on
(2005)AIR SCW 5560 · Who else cites this
4 provisions across 3 enactments
Nagaraj
State Represented by, The Inspector of Police, Kottapatti Police Station, Dharmapuri District
P.Dhanabal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
