In the Court of Sessions, Tirunelveli Division
Before the Principal Sessions Judge, Tirunelveli.
PRESENT : Thiru.M.SAISARAVANAN, M.L.,
PRINCIPAL SESSIONS JUDGE.
Monday, the 14th day of October 2024.
Cr.M.P.No.7465/2024
(CNR No.TNTL 0101 2038 2024 )
1. Beni @ Antony Cruz Benitus, S/o. Parthalomai @ Paduthalamai
2. Suresh, S/o. Thommai
3. Kemildon @ Kemilton, S/o. Siluvai Kitheriyan ...Petitioners/Accused
Vs.
State: The Inspector of Police,
Koodankulam P.S.,
Cr.No. 387/2024 ...Respondent/Complainant.
Petition dated : 01.10.2024 U/s. 482 B.N.S.S through e-filing prays to grant
anticipatory bail.
This petition is coming on this day for hearing before me, in the presence of
Thiru.G.GUNASEKARAN, Advocate for the petitioners and
Thiru.K.SUBRAMANIAN, the Public Prosecutor for the respondent and upon
hearing both sides arguments, this court passed the following:
ORDER
The Petitioners/accused seeks anticipatory bail for the alleged offences under
Sections 191(2), 191(3), 296(b), 329(4), 351(3) BNS, Section 4 of TNPHW Act and
Sec 3 of TNPPDL Act, registered by the respondent police.
The prosecution case is that, since the relative of the petitioners was murdered,
on 02.09.2024 accused who have been involved in this case unlawfully assembled
together, abused the defacto-complainant and others, threatened them with dire
consequences. Further accused persons have also damaged the household articles and
hence this case was registered.
The learned Counsel appearing for the petitioners/accused would submit that,
petitioners have been falsely implicated in this case; No one sustained injury in the
alleged occurrence; Petitioners have no specific overtact against them; some co-
accused in this case have already been enlarged on bail and some other accused have
been enlarged on anticipatory bail by this Court; if the petitioners are released on
anticipatory bail, they will abide the conditions of this Court and that they may be
released on anticipatory bail.
On the other hand, the learned Public Prosecutor would submit that, no one
sustained injury in the occurrence; value of the damages not mentioned in the FIR.
Records perused. During argument hearing it is fairly conceded by the
prosecution is that, no one sustained injury in the occurrence and prosecution has not
reported any other cases pending against the petitioners. Records shows that some co-
accused in this case have already been enlarged on bail and some other accused have
been enlarged on anticipatory bail by this Court. In the said circumstances,
considering the facts that, no one sustained injury in the occurrence, petitioners have
have no specific overt-act against them and also some co-accused in this case have
already been enlarged on bail and some other accused have been enlarged on
anticipatory bail by this Court, this Court is inclined to grant anticipatory bail to the
petitioners/accused subject to following conditions.
a) that in the event of arrest of the petitioners by the respondent/police or on their
surrender before the learned Judicial Magistrate, Radhapuram within 15 days
from the date of this order and on such arrest or surrender the petitioners are
ordered to be enlarged on anticipatory bail on their executing a bond for a sum
of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum
each to the satisfaction of the learned Judicial Magistrate, Radhapuram ; If
the petitioners/accused are not surrender within 15 days from the date of
this order this Anticipatory bail shall stands cancelled automatically;
b) that the petitioners and the sureties shall affix their photographs and Left
Thumb Impression in the surety bond and the Magistrate may obtain a copy of
their Aadhaar Card or Bank Pass Book to ensure their identity;
c) that the petitioners shall report and sign before the learned Judicial
Magistrate, Radhapuram daily at 10.30 a.m., for the period of 30 working
days and further respondent police is directed to submit the report, deviations
if any committed by the petitioners in observing the above condition. On
further condition that they shall make available themselves for interrogation as
and when required by the investigation Officer ;
d) that the petitioners shall not tamper with evidence or witness either during
investigation or trial;
e) that the petitioners shall not abscond either during investigation or trial;
f) that 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 themselves as laid down by the
Hon'ble Supreme court in P.K.Shaji -vs- State of Kerala ( (2005) AIR SCW
5560);
g) If the accused thereafter absconds, a fresh FIR can be registered U/s 229 A
IPC.
Pronounced by me in open court, this the 14th day of October 2024.
Sd/- M.SAISARAVANAN,
PRINCIPAL SESSIONS JUDGE,
TIRUNELVELI.
