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Madras High CourtCRL OP(MD)/5748/2025allowed

Pandiarajan v. The State Of Tamilnadu

2025-06-18Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Pandiarajan, S/o.Meenakshisundaram .. Petitioner/Accused No.2 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Vikkiramangalam Police Station, Madurai District.

(Crime No.10 of 2025) .. Respondent/Complainant For Petitioner : Mr.S.Deenadhayalan Advocate For Respondent : Mr.M.Karunanithi Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.10 of 2025 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for 1/6

the offences punishable under Sections 108 of BNS, 2023 in Crime No.10 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to money dispute, on 27.01.2025, at about 11.00a.m, the accused persons came to the house of the defacto-complainant and demanded money from the defacto-complainant and her husband and also abused him in filthy language. They also threatened them with dire consequences. On the next day, i.e., on 28.01.2025 at about 5.20p.m., due to humiliation, the husband of the defacto-complainant had committed suicide by hanging himself. Hence, the case.

3. The learned counsel for the petitioner would submit that there are totally two accused, the petitioner was arrayed as A2. The first accused already enlarged on anticipatory bail. The respondent police lodged a false case against this petitioner. The petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. The petitioner is ready and willing to abide any conditions which may be imposed by this Hon'ble Court. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) submitted that the accused conspired together and committed the alleged offence. Due to money dispute, on 27.01.2025, at about 11.00a.m, the accused persons came to the house of 2/6

the defacto-complainant and demanded money from the defacto-complainant and her husband and also abused him in filthy language. They also threatened them with dire consequences. On the next day, i.e., on 28.01.2025 at about 5.20p.m., due to humiliation, the husband of the defacto-complainant had committed suicide by hanging himself. Already, the first accused was enlarged on anticipatory bail. There is no previous case against the petitioner. Already, this Court granted interim protection to the petitioner and directed the petitioner to cooperate with the investigation. This petitioner has regularly appeared before the respondent police for interrogation and cooperated with the investigation. However, he raised only formal objection to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, and also considering the fact that the first accused was already enlarged on anticipatory bail, in this case, the case was registered on 29.01.2025, by this time, the investigation might have been completed, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

6. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of his arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate Court No.II, Usilampatti, Madurai District on condition that the petitioner shall execute a bond for 3/6

a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the Judicial Magistrate Court No.II, Usilampatti, Madurai District and on further conditions 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 furnish his residential address and contact number to the learned Judicial Magistrate Court No.II, Usilampatti, Madurai District. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate Court No.II, Usilampatti, Madurai District; (c) the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;

(d) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e) the petitioner shall not abscond either during investigation or trial; (f) 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 4/6

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; (g) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 18/06/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

GVN TO 1 THE JUDICIAL MAGISTRATE NO.II, USILAMPATTI, MADURAI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE INSPECTOR OF POLICE, VIKKIRAMANGALAM POLICE STATION, MADURAI DISTRICT.

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

+1 CC to M/s.B.ANANDAN, Advocate ( SR-6499[I] dated 19/06/2025 ) 5/6

ORDER

IN CRL OP(MD) No.5748 of 2025 Date :18/06/2025 SA/SAR. /04.07.2025/6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 6/6