Madras High CourtCRL OP(MD)/1154/2025partly allowed

Veeramani v. The State Of Tamil Nadu

2025-01-30Honourable Mr Justice N. Anand Venkatesh5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30.01.2025 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH CRL OP(MD). No.1154 of 2025 1.Veeramani 2.Kamesh 3.Neelakandan ... Petitioners/Accused No.1 to 3 Vs The State of Tamil Nadu Represented by the Inspector of Police, Manachanallur Police Station, Trichy District.

(Crime No.20 of 2025) ... Respondent/Complainant For Petitioners : Mr.PL.S.Solaialagan, Advocate For Respondent : Mr.A.Albert James, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act. 1/5

PRAYER :- For Anticipatory Bail in Crime No. 20 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(1) and 351(2) of BNS, 2023, in Crime No.20 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that A1 had purchased some materials on credit basis. Thereafter, the money was not paid and when the same was questioned, there was a wordy quarrel and the accused persons are said to have attacked the defacto complainant and caused serious injuries and they also abused in filthy language and caused threat to the defaco complainant. There are totally 3 accused persons in this case and it is brought to the notice of this Court that A1 was arrested in this case and later enlarged on bail. Hence, this petition confines itself only to A2 and A3.

3. Heard the learned counsel on either side and perused the material records of the case.

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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 injured has been discharged and there are no previous cases against A2 and A3 and considering the age of A2 and A3, this Court is inclined to grant anticipatory bail to the 2nd and 3rd petitioners with certain conditions.

5. Accordingly, the 2nd and 3rd 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.III, Trichy, on condition that the petitioners 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 2nd and 3rd 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. 3/5

[b] the 2nd and 3rd 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.

[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. IPC.

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6. This petition is allowed insofar as A2 and A3 are concerned and closed insofar as A1 is concerned.

Sd/- 30/01/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

pal TO 1 THE JUDICIAL MAGISTRATE NO.III, TRICHY.

2 DO-THROUGH- THE CHIEF JUDICIAL MAGISTRATE TRICHY DISTRICT.

3 THE INSPECTOR OF POLICE, MANACHANALLUR POLICE STATION, TRICHY DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.K.SIVABALAN, Advocate ( SR-1305[I] dated 03/02/2025 )

ORDER

IN CRL OP(MD) No.1154 of 2025 Date :30/01/2025 ES/SKN/SAR/13.02.2025/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.

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