Subbiramaniyan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22.01.2025 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH CRL OP(MD). No.942 of 2025 1.Subbiramaniyan 2.Annalakshmi ... Petitioners/Accused 1&2 Vs The State of Tamil Nadu Represented by the Inspector of Police, Thogamalai Police Station, Karur District.

(Crime No.12 of 2025) ... Respondent/Complainant For Petitioners: Mr.A.Thiyagarajan, Advocate For Respondent : Mr.A.Albert James, Government Advocate (Criminal Side) For Intervenor : Mr.K.Neethimohan, Advocate 1/5

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act. PRAYER :- For Anticipatory Bail in Crime No. 12 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(1), 325 and 351(2) of BNS, 2023 r/w. Section 4 of TNPHW Act, in Crime No.12 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that victim / injured in this case is the wife of A1. The second petitioner (A2) is the second wife of A1. There was some dispute between the parties. The accused persons are said to have attacked the victim and caused serious injuries and they have also abused in filthy language and threatened with dire consequences. That apart, they also damaged the household articles.

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 manner in which the entire incident had taken place and taking note of the fact that the petitioners subsequently lodged a complaint based on which an FIR came to be registered in Crime No.24 of 2025 for the very same incident and also 2/5

taking note of the fact that the injured has been discharged from the hospital and also considering the age of the petitioners, 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 No.I, Kulithalai, Karur 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:

[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 petitioners shall appear before the respondent Police as and when required for interrogation.

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

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[d] the petitioners 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 petitioners 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 absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 22/01/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

pal TO 1 THE JUDICIAL MAGISTRATE NO.I, KULITHALAI, KARURU DISTRICT.

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2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT.

3 THE INSPECTOR OF POLICE, THOGAMALAI POLICE STATION, KARUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.942 of 2025 Date :22/01/2025 NBF / pal / SAR- (07/02/2025) 5P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5