Vasanth Palanisamy v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23.01.2025 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Vasanth Palanisamy ... Petitioner/A2 Vs The State of Tamil Nadu Represented by the Inspector of Police, Keeranur Police Station, Dindigul District.

(Crime No.19 of 2025) ... Respondent / Complainant For Petitioner : Mr.K.K.Samy, Advocate For Respondent : Mr.A.Albert James, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act. PRAYER :- For Anticipatory Bail in Crime No.19 of 2025 on the file of the respondent police. 1/5

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections (*)115(2), 296(b), 303(2), 351(2) of BNS read with Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act 2002, in Crime No. 19 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 on the date of occurrence, the accused persons are said to have abused the defacto complainant in filthy language and threatened with dire consequences and attacked the defacto complainant. There are totally two accused persons and the petitioner has been arrayed as A2.

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, this court is inclined to grant anticipatory bail to the petitioners with certain conditions: 2/5

5. 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, Palani, Dindigul District, 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 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 petitioner shall report before the respondent police 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/- 23/01/2025 (*)AMENDED AS PER ORDER OF THE COURT DATED 10/02/2025 IN CRL MP (MD).1725 OF 2025 IN CRL OP(MD).1203 OF 2025 BY RSVJ.

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

PKN TO TO BE SUBSTITUTED WITH THE ORDER DATED 23/01/2025 ALREADY DESPATCHED

1. THE JUDICIAL MAGISTRATE, PALANI, DINDIGUL DISTRICT, 4/5

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL.

3. THE INSPECTOR OF POLICE, KEERANUR POLICE STATION, DINDIGUL DISTRICT.

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

+1 CC to M/s.K.K.SAMY, Advocate ( SR-1521[I] dated 10/02/2025 )

ORDER

IN CRL OP(MD) No.1203 of 2025 Date :23/01/2025 RK/SKN (29/01/2025) 5P / 6C TRP SS/SKN/SAR- /20/02/2025/ 5P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5