Vinoth Alias Vinothkumar, v. The State Of Tamil Nadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/03/2025 PRESENT The HONOURABLE MR. JUSTICE P. DHANABAL Vinoth Alias Vinothkumar, ... Petitioner/Accused No.2 Vs The State of Tamil Nadu,, Rep. by the Inspector of Police, All Woman Police Station, (Crime No. 6 of 2025) ... Respondent/Complainant For Petitioner : Mr.P.Ganapathi Subramanian, Advocate.
For Respondent : Mr.S.S.Manoj, Government Advocate (Crl.Side) For Intervener : Mr.R.Shankar Ganesh, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No. 6 of 2025 on the file of the respondent Police.
ORDER : The Court made the following order :- The petitioner/Accused No.2, who apprehends arrest at the hands of the 1/5
respondent Police for the offences punishable under Sections 49, 69, 318(2) and 351
(2) of BNS 2023 in Crime No.06 of 2025 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that, on the false promise of marrying the defacto complainant, Accused No.1 had physical intercourse with her multiple times. A1 also tied a thali on the defacto complainant. Thereafter, A1 refused to take her to his house and attempted to marry another woman. When the defacto complainant questioned him about this, A1, with the help of the petitioners and other relatives, threatened her. Hence, the complaint
3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he is no way connected with this crime. He would further submit that he has not committed any offence as alleged by the prosecution. He further submits that this Court has granted bail to the co-accused in Crl.O.P.(MD). No.3801 of 2025 on 04.03.2025. Accordingly, he prays to allow this petition.
4. The learned Government Advocate (Crl. Side) would submit that the petitioner herein had threatened the defacto complainant along with other accused persons. He would further submit that no previous case is pending against this petitioner. However, he opposed to grant anticipatory bail to the petitioner. 2/5
5. The learned counsel appearing for the intervener would strongly oppose to grant anticipatory bail to the petitioner, since the offences are grave in nature. However, she has not filed any intervening application.
6. Heard both sides and perused the materials available on record.
7. Considering the rival submissions made on either side and the nature of offences charged against the petitioner and taking note of the fact that there is no previous case pending against the petitioner and considering the fact that the petitioner is not a prime accused in this case, I am inclined to grant anticipatory bail to the petitioner, subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on anticipatory bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum to the satisfaction of the Judicial Magistrate No.III, Dindigul District, and on further conditions that: [b] the petitioner shall report before the respondent Police daily at 10.30 a.m., for a period of thirty days and thereafter, as and when required for the interrogation.
[c] the petitioner shall not commit any offences of similar nature. [d] the petitioner shall not abscond either during investigation or trial. [e] the petitioner shall not tamper with evidence or witness either during 3/5
investigation or trial.
[f] On breach of any of the aforesaid conditions, the learned Judicial 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.
sd/- 12.03.2025 / TRUE COPY / /03/2025 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TSG TO 1.The Judicial Magistrate No.III, 2.Do through the Chief Judicial Magistrate, Dindigul District 4/5
3.The Inspector of Police, All Woman Police Station, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.P.GANAPATHI SUBRAMANIAN, Advocate ( SR-2869[I] dated 14/03/2025 ) CRL OP(MD) No.4580 of 2025 Date : 12/03/2025 SL(19.03.2025)/ 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 5/5