Pandi 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 Pandi ... Petitioner / Sole Accused Vs.

The State of Tamil Nadu represented by its The Inspector of Police, Parthibanoor Police Station, (Crime No.3 of 2025) ... Respondent/Complainant For Petitioner :

Mr.M.S.Jeyakarthik, Advocate For Respondent :

Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act. PRAYER :- For Anticipatory Bail in Crime No. 3 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 1/5

for the alleged offences under Sections 296(b), 118(1) & 351 (3) of BNS 2023, & Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 in Crime No.3 of 2025, dated 04.01.2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 04.01.2025 at about 08.00 hours, there was a civil dispute arose between the accused and the defacto complainant namely Ponnu Muthu with regard of irrigation of their respective agricultural fields. Due to which, the accused abused the defacto complainant by using filthy language and assaulted him by using spade and also caused life threat to him. As a result, the defacto complainant has been injured. Hence, the complaint.

3. The learned counsel for the petitioner submits that he has not involved in any case and that due to only civil dispute, he has been falsely implicated in this case and thus, prays to grant anticipatory bail.

4. The learned Additional Public Prosecutor appearing for the respondent Police submits that the defacto complainant has been admitted in the hospital on 04.01.2025 and discharged on 05.01.2025.

5. Heard the learned counsels on either side and perused the material records of the case.

6. Taking into consideration the fact that the petitioner and the defacto 2/5

complainant is having civil dispute and considering the nature of allegations made in this case and considering the fact that injured has already been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner. 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, Paramakudi, 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 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 on every Monday at 10.30 a.m. for a period of four weeks and thereafter, as and when required for interrogation.

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

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[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 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.

RMI/PAL To 1.The Judicial Magistrate, Paramakudi.

2.Do through the Chief Judicial Magistrate, 4/5

3.The Inspector of Police, Parthibanoor Police Station, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.960 of 2025 Date :17/01/2025 ED/ /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