/20572/2024 of RINO Vs The State of Tamil Nadu - Madras High Court (Madras High Court)

CRL OP(MD). No.20572 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT 
( Criminal Jurisdiction )
Date  : 26.11.2024
PRESENT
The Hon`ble  Mr.Justice N.ANAND VENKATESH
CRL OP(MD). No.20572 of 2024
Rino
   ... Petitioner/Sole Accused
Vs
The Inspector of Police,
Uvari Police Station,
Tirunelveli District.
(Crime No.199 of 2024)
          ... Respondent/Complainant
For Petitioner 
: 
Mr.T.Augustine Ebenezer, Advocate
For Respondent : 
Mr.B.Thanga Aravindh,
   
Government Advocate (Criminal Side)
PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act.
PRAYER :-
For Anticipatory Bail in Crime No. 199 of 2024 on the file of the respondent
police.
ORDER :  The Court made the following order :-
The petitioner, who apprehends arrest at the hands of the respondent police for
the alleged offences under Sections 126(2), 296(b), 115(2), 351(2), 303(2) of BNS, in
Crime No.199 of 2024 on the file of the respondent police, seeks anticipatory bail.
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CRL OP(MD). No.20572 of 2024
2. The case of the prosecution is that there was a money dispute between the
parties. The petitioner is said to have questioned the defacto complainant and he was
abused in filthy language and the Oppo mobile phone of the defacto complainant
was also grabbed by the petitioner.
3. Heard the learned counsel on either side and perused the material records of
the case.
4.  Taking  into  consideration  the  facts  and  circumstances  of  the  case  and
considering the fact that there was a money dispute between the parties, this Court is
inclined to grant anticipatory bail to the petitioner 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, Radhapuram, 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.20572 of 2024
card or Bank Pass Book to ensure their identity. 
[b]  the  petitioner  shall  report  before  the  respondent  police  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 269 of BNS, 2023. 
                                        sd/-
                                        26/11/2024
/ TRUE COPY /
                                                        
/12/2024
                                   Sub-Assistant Registrar (C.S.  I  /  II  /  III  /  IV )
                                 Madurai Bench of Madras High Court,
                                          Madurai - 625 023. 
pal 
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CRL OP(MD). No.20572 of 2024
TO
1 THE JUDICIAL MAGISTRATE, RADHAPURAM.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.
3 THE INSPECTOR OF POLICE, UVARI POLICE STATION,
TIRUNELVELI DISTRICT.
4 THE

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