Thangapandi v. The State Rep.By The Inspector Of Police

CRL OP NO. 1654 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-01-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 1654 of 2025 Thangapandi S/o.Sadyandi, No.1/365, Sri Tamilthai Nagar, Nochipalayam Tiruppur Petitioner(s) Vs The State Rep.By The Inspector Of Police Avinashipalayam Police Station, Tiruppur Cr.No.3/2025 Respondent(s) For Petitioner(s):

Thinesh P G.D.Pon Prabhakaran T.Babitha N.Suresh Babu For Respondent(s):

S.Santhosh Government Advocate (criminal Side) Madras High Court.

ORDER

The petitioner, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 118(1) and 351(3) of BNS in Crime No.3 of 2025, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioner herein had abused the defacto complainant using filthy language and also assaulted him using a wooden log thereby, the defacto

complainant had sustained injuries. Further, the petitioner also threatened the defacto complainant with dire consequences. Hence, this case.

3. Learned counsel appearing for the petitioner would submit that petitioner is innocent and he has not committed any offence, as alleged by the defacto complainant. He would further submit that wordy quarrel arouse between the parties, thereby, they exchanged blows. He would further submit that the petitioner is ready to abide by any condition, that may be imposed by this Court and also to appear and co-operate for the investigation, therefore, he prayed for the grant of anticipatory bail to the petitioner.

4. Learned Government Advocate (Crl. Side) appearing for the respondent police opposed for granting anticipatory bail to the petitioner, stating that the petitioner has assaulted the defacto complainant using wooden log, thereby the defacto complainant sustained injuries. He also submitted that the there is no previous case as against the petitioner.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent police and perused the materials available on record including the FIR.

6. Taking note of the facts and circumstances of the case, the submissions made by the

learned counsel on either side and the fact that the petitioner have no previous case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7. 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, Palladam on condition that the petitioner shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties 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 card or Bank pass Book to ensure their identity. [b] the petitioner shall report before the respondent police everyday at 10:30 a.m. for a period of two weeks and thereafter on every Saturday at 10.30 a.m., until further orders.

[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 abscond, a fresh FIR can be registered under Section 269 of B.N.S.

24-01-2025 msv To The Inspector Of Police Avinashipalayam Police Station, Tiruppur