Siva v. The State Of Tamil Nadu

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.1909 of 2025 1.Siva 2.Satheesh ... Petitioners / Accused No.7 and 12 Vs The State of Tamil Nadu Represented by the Inspector of Police, Abiramam Police Station, Ramanathapuram District.

(Crime No.7 of 2025) ... Respondent/Complainant For Petitioners: Mr.C.Senthil Murugan, Advocate For Respondent : Mr.A.Albert James, Government Advocate (Criminal Side) 1/5

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act. PRAYER :- For Anticipatory Bail in Crime No. 7 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 191(2), 191(3), 296(b), 115(2), 118(1) and 351(3) of BNS 2023, read with Section 4 of The Tamil Nadu Prohibition Of Harassment Of Women Act, 2002, in Crime No.7 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that there was a property dispute and as a result of which, both sides quarreled with each other and abused in filthy language and attacked each other causing injuries and also threatened with dire consequences. There are totally 5 accused persons in this case and the petitioners have been arrayed as A3 and A5.

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 fact that there was a property dispute and there is a case and countercase pending investigation before the respondent police in Crime Nos.6 and 7 of 2025 2/5

and the fact that the injured has been discharged from the hospital and there are no previous cases against the petitioners, this court is inclined to grant anticipatory bail to the petitioner with certain conditions:

5. Accordingly, the petitioners are 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, Kamuthi, on condition that the petitioner 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 report 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. 3/5

[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/- 30/01/2025 / 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, KAMUTHI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3 THE INSPECTOR OF POLICE, ABIRAMAM POLICE STATION, RAMANATHAPURAM DISTRICT.

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

ORDER

IN CRL OP(MD) No.1909 of 2025 Date :30/01/2025 NBF / SAR- (18/02/2025) 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5