Sakthi @ Sakthivel v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/05/2025 PRESENT The HONOURABLE MR. JUSTICE M.JOTHIRAMAN 1.Sakthi @ Sakthivel 2.Ramaiah 3.Sethuraman 4.Murugan 5.Ramachandran 6.Mani @ Pichaimani 7.Latha 8.Suba @ Sivakumari 9.Sushila 10.Vijaya @ Vijayarani 11.Ambika 12.Deepa 13.Lakshmi ... Petitioners /Accused Nos.1 to 13 1/6
Vs.
State of Tamil Nadu Rep. by Inspector of Police, Nagudi Police Station, Pudukkottai District, (Crime No.27 of 2025) ... Respondent/Complainant For Petitioners : Mr.V.Sakthi For Respondent : Mr.R.Meenakshi Sundaram Additional Public Prosecutor For Intervenor : Mr.R.Ramanujan for Mr.Ghandhi PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.27 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/accused who apprehend arrest at the hands of the respondent police for the offences punishable under sections 191(2), 296(b), 126(2), 118(1) 303(2) & 351(3) of BNS r/w Section 4 of TNPWH in Crime No.27 of 2025 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that on 10.02.2025 at around 11.30 am, wordy altercation had taken place among officers working in supra centre with few 2/6
members of the village. On hearing the wordy altercation, the defacto complainant residing in her house came out of her house and reached the quarrel spot. Suddenly all the accused person assaulted her and scolded her with filthy language. Hence, the complaint.
3. The learned counsel for the petitioners would submit that the petitioners are innocent and they have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, he prayed to grant anticipatory bail to the petitioners.
4. The learned Additional Public Prosecutor appearing for the respondent would submit that injured has been discharged from the hospital on 17.02.2025. He would further submit that the alteration report was made ready on 13.02.2025 as Sections 191(2), 296(b), 126(2), 118(1), 351(3), 324(4) of BNS r/w Section 4 of TNPHW instead of Sections 191(2), 296(b), 126(2), 118(1), 303(2), 351(3) of BNS r/w Section 4 of TNPHW Act. He would further submit that the properties has not yet been recovered.
5. The learned counsel appearing for the intervenor strongly opposes to grant anticipatory bail to the petitioners.
6. Considering the facts and circumstances of this case and considering the fact that injured has been discharged from the hospital and that except Sections 351(3), 3/6
118(1) of BNS & Section 4 of TNPHW, other offences are bailable in nature, this court is inclined to grant anticipatory bail to the petitioners with certain conditions:
7. Accordingly, the petitioners are ordered to be released on anticipatory 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, Aranthangi, Pudukkottai District, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only)each 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 petitioners shall report before the respondent Police daily at 10.30 am until further orders.
[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. 4/6
[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners 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.
Sd/- 08/05/2025 // True Copy // / /2025 Sub Assistant Registrar (CS - I/II/III/IV) Madurai Bench of Madras High Court, Madurai rmi To 1.The Judicial Magistrate, Aranthangi, Pudukkottai District.
2.Do Through The Chief Judicial Magistrate, Pudukkottai.
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3.The Inspector of Police, Nagudi Police Station, Pudukkottai District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.V.SAKTHI, Advocate ( SR-5464[I] dated 09/05/2025 )
ORDER
IN CRL OP(MD) No.4329 of 2025 Date : 08/05/2025 BV(26/05/2025) 6P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 6/6