Prammaiya v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20.01.2025 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH 1.Prammaiya 2.Menaga 3.Vidyasri 4.Athi @ Athikesavan
...Petitioners / Accused
Rank Not Known Vs The State of Tamil Nadu Represented by the Inspector of Police, Aranthangi Police Station, Pudukkottai District.
(Crime No.6 of 2025) ... Respondent/Complainant Sasikumar ... Petitioner/Intervener/Victim In Crl.MP(MD).574/2025 in Crl.OP(MD).438/2025 For Petitioners: Mr.D.Rameshkumar, Advocate 1/6
For Respondent : Mr.A.Albert James, Government Advocate (Criminal Side) For Intervenor : Mr.R.Prasanna, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act. PRAYER :- For Anticipatory Bail in Crime No. 6 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences under Sections 296(b), (*)115(2), 118, 303(2) and 351(3) of BNS, 2023 r/w. Section 4 of Tamil Nadu Prohibition of Women Harassment Act, in Crime No.6 of 2025 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that there was a land dispute between the parties and on the date of occurrence, the petitioners are said to have abused the defacto complainant in filthy language and attacked the defacto complainant and other family members and thereby, caused injuries to 4 persons and they were also threatened with dire consequences.
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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 previous dispute between the parties and taking note of the fact that there is a case and counter case pending investigation in Crime Nos.5 and 6 of 2025 before the respondent police and also considering the fact that the injured persons have been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
5. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate Court, Aranthangi, Pudukkottai District, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two common 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: 3/6
[a] 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 Aadhar card or Bank Pass Book to ensure their identity. [b] the first petitioner (A1) is directed to report before the respondent police on every Friday at 10.30 a.m. for a period of four seeks and thereafter, as and when required.
[c] the second to fourth petitioners (A2 to A4) are directed to appear before the respondent police as and when required for interrogation. [d] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[e] the petitioners shall not abscond either during investigation or trial. [f] 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 petitioners released on bail by the 4/6
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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023. IPC.
sd/- 20/01/2025 (*)Amended as per Order of the Court dt.30/01/2025 in Crl.MP(MD).1388 of 2025 in Crl.OP(MD).438 of 2025.
Furt her time is extended by one week from the date of receipt of a copy of this order to comply the order of this Court in Crl.O.P. (MD).No.438 of 2025 dated 20.01.2025.
/ TRUE COPY / /02/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
pal TO BE SUBSTITUTED WITH THE ORDER DT.20/01/2025 IS ALREADY DESPATCHED TO
1. THE JUDICIAL MAGISTRATE, ARANTHANGI, PUDUKKOTTAI DISTRICT, 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.
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3. THE INSPECTOR OF POLICE, ARANTHANGI POLICE STATION, PUDUKKOTTAI DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.438 of 2025 Date :20/01/2025 RK/SKN (29/01/2025) 6P / 5C TSG SA/SKN/SAR.2 /20.02.2025/6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6