Thulasiraman v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/01/2025 PRESENT THE HON'BLE MS.JUSTICE R. POORNIMA Thulasiraman ... Petitioner/A1 Vs The Inspector of Police, Natchiyarkoil Police Station, Thanjavur.

Crime No. 13/2025.

... Respondent/Complainant For Petitioner :

Ms.P.Yasmin Begum, Advocate.

For Respondent :

Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.13 of 2025 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 offence under Sections 126(2), 115(2), 118(1), 351(3) of BNS, 2023, in Crime No.13 of 2025, on the file of the respondent police, seeks anticipatory bail. 1/5

2. The case of the prosecution is that on 08.01.2025 at 2.30 p.m., due to a quarrel between the petitioner and the defacto complainant with regard to driving of the two wheeler, the petitioner attacked the defacto complainant with plastic pipe in his right fore hand. Hence, the case.

3.The learned counsel appearing for the petitioner submits that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. He further submits that in fact, the defacto complainant was driving his two wheeler in a rash and negligent manner and also scolded the petitioner and the petitioner is nothing to do with the incident. Therefore, he prays for grant of anticipatory bail. 4.The learned Additional Public Prosecutor appearing for the respondent submits that the petitioner has attacked the defacto complainant with plastic pipe and caused injuries to him. He further submits that the injured has been discharged from the hospital.

5.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent police. 6.Considering the facts and circumstances of the case and considering the the fact that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to this petitioner with some conditions. 7.Accordingly, this criminal original petition is ordered and the petitioner is 2/5

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, Kumbakonam, 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 said Magistrate, on further condition that:

i. if the petitioner fail to surrender before the said Magistrate within a period of fifteen days, this order shall stand automatically cancelled. ii. 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.

iii. the petitioner shall report before the respondent police daily at 10.30 a.m, until further orders.

iv. the petitioner shall not tamper with evidence or witness either during investigation or trial;

v. the petitioner shall not abscond either during investigation or trial; vi. on breach of any of the aforesaid conditions, the learned Magistrate/ 3/5

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;

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

sd/- 17/01/2025 / TRUE COPY / 17/01/2025 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

VRN /PMU TO 1 THE JUDICIAL MAGISTRATE NO.II, KUMBAKONAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE INSPECTOR OF POLICE, NATCHIYARKOIL POLICE STATION, THANJAVUR.

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

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ORDER

IN CRL OP(MD) No.930 of 2025 Date :17/01/2025 RS/IT/SAR-(17.01.2025) 5P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5