Madras High CourtCRL OP(MD)/916/2025granted

Thirupathiraja, v. The State Of Tamilnadu

2025-01-21Honourable Mr Justice N. Anand Venkatesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/01/2025 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH CRL OP(MD). No.916 of 2025 Thirupathiraja ... Petitioner/Accused No.2 Vs The State of Tamilnadu, Rep. by the Inspector of Police, M.Pudhupatti Police Station, Virudhunagar District.

In Crime No.08 / 2025.

... Respondent/Complainant For Petitioner : Mr.Balamuruganantham R, For Respondent : Mr.A.Albert James, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.08 of 2025 on the file of the Respondent Police.

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ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 329(4), 324(4), 303(2) of BNS (hereinafter referred to as new penal code) and Section 3 of Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959 in Crime No.8 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that there was a property dispute between the parties and the accused persons are said to have trespassed into the property belonging to the defacto complainant and damaged a portion of the property by using JCB machine.

3. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent police.

4. Taking into consideration the facts and circumstances of the case and considering the fact that there is a pending civil dispute between the parties, this Court is inclined to grant anticipatory bail to the petitioner. Accordingly, this criminal original petition is ordered and the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Sivakasi, on condition that the petitioner shall execute 2/4

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 said Magistrate, on further condition that:

[a] if the petitioner fail to surrender before the said Magistrate within a period of fifteen days, this order shall stand automatically cancelled. [b] 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. [c] the petitioner shall report before the respondent police as and when required for interrogation.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[e] the petitioner 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 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]; and; 3/4

[g] if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS 2023.

Sd/- 21/01/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai -625 023 LR TO 1 THE JUDICIAL MAGISTRATE NO.II, SIVAKASI.

2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, VIRUTHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE INSPECTOR OF POLICE, M.PUDHUPATTI POLICE STATION, VIRUDHUNAGAR DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.R.BALAMURUGANANTHAM, Advocate ( SR-584[I] dated 21/01/2025 ) ORDER IN CRL OP(MD) No.916 of 2025 Date :21/01/2025 ES/SKN/SAR /03.02.2025/ 4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.

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