Vijayakumar v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27.01.2025 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Vijayakumar ... Petitioner / Accused No.A1 Vs The State of Tamil Nadu Represented by the Inspector of Police, Illuppur Police Station, Pudukottai District.

(Crime No.16 of 2025) ... Respondent/Complainant For Petitioners: Mr.M.Yesudasan, Advocate For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act. PRAYER :- For Anticipatory Bail in Crime No. 16 of 2025 on the file of the respondent police. 1/5

ORDER : The Court made the following order :- The petitioner, who apprehend arrest at the hands of the respondent police for the alleged offences under Sections 126(2), 296(b), 115(2), 118(1), 326(2) and 351(3) of BNS 2023, in Crime No.16 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that there was a wordy quarrel between the defacto complainant and A1 one day prior to the date of occurrence. In view of the same, the accused persons are said to have abused the defacto complainant in filthy language and attacked him with iron rod, hands and wooden log and caused serious injuries. The defacto complainant was also threatened with dire consequences. There are totally 3 accused persons in this case and the petitioner has been arrayed as A1.

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 this incident had taken place and taking note of the fact that the defacto complainant has been discharged from the hospital and there are 2/5

no previous cases against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

5. Accordingly, the petitioner is 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, Illuppur, Pudukottai, 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 appear before the respondent Police on every Friday at 5.30 p.m. for a period of 4 weeks and thereafter, as and when required for interrogation.

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

[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 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.

sd/- 27/01/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

PKN TO 1.THE JUDICIAL MAGISTRATE, ILLUPPUR, PUDUKOTTAI, 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI.

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3. THE INSPECTOR OF POLICE, ILLUPPUR POLICE STATION, PUDUKOTTAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.1420 of 2025 Date :27/01/2025 RK/SKN (13/02/2025) 5P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5