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Kannan v. The State of Tamilnadu

Madras HC20 Dec 2024CRL OP(MD)/22456/2024

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court granted anticipatory bail to two accused persons under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, excluding one petitioner who had already secured similar relief in a prior petition.

What did the court decide?

Petitioners 1 and 3 granted anticipatory bail subject to conditions: execution of bond, appearance before Magistrate within 15 days, non-tampering with evidence or witnesses, and prohibition on abscon

Kannan Vs The State of Tamilnadu — Cheating and Forgery | Madras HC (2024)

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CRL OP(MD). No.22456 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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( Criminal Jurisdiction )

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Date : 20.12.2024

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PRESENT

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The Hon`ble Mr.Justice N.ANAND VENKATESH

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CRL OP(MD). No.22456 of 2024

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1.Kannan

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2.Raja

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3.Ramesh @ Ramesh Nethaji

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...Petitioners/Accused 1 to 3

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Sate of Tamil Nadu, Rep by Inspector of Police, Karaikudi North Police Station, Sivagangai District, Crime No.506 of 2024

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...Respondent/Complainant

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For Petitioners: Mr.K.G.Arun Kumar, Advocate

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For Respondent : Mr.A.Albert James Government Advocate (Crl.Side)

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For Intervernor : Mr.V.S.Shanmugaraj, Advocate

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PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS

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PRAYER :-

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For Anticipatory Bail in Crime No.506 of 2024 on the file of the Respondent Police.

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https://www.mhc.tn.gov.in/judis

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CRL OP(MD). No.22456 of 2024

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ORDER : The Court made the following order :-

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The petitioners/accused Nos.1 to 3, who apprehend arrest at the hands of the respondent police for the offences punishable under sections 329(3), 126(2), 296(b), 115 (2), 351 (2) and 303 (2) BNS Act in Crime No.506 of 2024 on the file of the respondent police, seek anticipatory bail.

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2.The case of the prosecution is that the defacto complainant was running a business. On 10.12.2024, at about 11.00 a.m when the defacto complainant and his brother went to the spot, the accused persons were standing there and on seeing the defacto complainant they abused him in filthy language and tried to attack the defacto complainant and his brother and threatened them with dire consequences. There are totally three named accused persons and others in this case and the petitioners have been arrayed as A1 to A3.

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3.Heard the learned appearing for the petitioners and the learned Government Advocate (Criminal Side) appearing for the respondent Police.

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4.It is represented that the second petitoner in this petition has already been granted anticipatory bail by this Court in Crl.O.P.(MD)No.22263 of 2024 and hence, this petition is closed insofar as the second petitioner /A2 is concerned.

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5.Taking into consideration the facts and circumstances of the case and considering the manner, in which, this incident had taken place, this Court is inclined https://www.mhc.tn.gov.in/judis

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CRL OP(MD). No.22456 of 2024

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to grant anticipatory bail to the petitioners 1 and 3 subject to the following conditions.

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6.Accordingly, the petitioners 1 and 3 are ordered to be released on anticipatory bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Karaikudi, Sivagangai District on condition that the petitioners shall 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 respondent police or the police officer who intends to arrest or to the satisfaction of the said Magistrate, on further condition that:

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[a] if the petitioners 1 and 3 fail to surrender before the said Magistrate within a period of fifteen days, this order shall stand automatically cancelled.

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[b] the petitioners 1 and 3 shall report before the respondent police as and when required for interrogation;

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[c]the petitioners 1 and 3 shall not tamper with evidence or witness either during investigation or trial;

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[d]the petitioners 1 and 3 shall not abscond either during investigation or trial;

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[e] on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners 1 and 3 in

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accordance with law as if the conditions have been imposed and the petitioners https://www.mhc.tn.gov.in/judis

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CRL OP(MD). No.22456 of 2024

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released on bail by the learned Magistrate/Trial Court himself as laid down by the

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Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;

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[f] if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.