Madeswaran v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 31/01/2025 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH Madeswaran, ... Petitioner/Sole Accused Vs The State of Tamil Nadu, Rep by the Inspector of Police, Irukkangudi Police Station, Virudhunagar District.
Crime No. 36/2025.
... Respondent/Complainant For Petitioner : Mr. Chandrasekar.R, Advocate.
For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.36 of 2025 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioner / Sole Accused, who apprehends arrest at the hands of the respondent Police for offences under Sections 296(b), 115(2) and 351(3) of BNS in Crime No.36 of 2025 on the file of the respondent Police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner threatened the defacto 1/4
complainant not to speak to one kasi and further warned the defacto complainant that he will kill her. The petitioner also abused her in filthy language.
3. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent Police.
4. Taking into consideration the facts and circumstances of the case and considering the fact that there was a previous enmity between the parties and considering the fact that there is a case and counter case pending investigation before the respondent Police in Crime Nos.36 and 37 of 2025 and taking note of the fact that out of fifteen previous cases, three cases are pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions.
5. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Virudhunagar 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 said Magistrate, on further condition that: [a] if the petitioner fails to surrender before the said Magistrate within a period 2/4
of fifteen days, this order shall stand automatically cancelled; [b] the petitioner shall report before the respondent police every Friday 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;
[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]; and; [f] if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS 2023.
sd/- 31/01/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.
TSG 3/4
TO 1 THE JUDICIAL MAGISTRATE NO.II VIRUDHUNAGAR.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
3 THE INSPECTOR OF POLICE, IRUKKANGUDI POLICE STATION, VIRUDHUNAGAR DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.R.CHANDRASEKAR, Advocate ( SR-1358[I] dated 04/02/2025 )
ORDER
IN CRL OP(MD) No.2057 of 2025 Date :31/01/2025 SS/SKN/SAR- /14/02/2025/ 4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4