Rajeshkumar v. The State Of Tamilnadu Rep. By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/06/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI Rajeshkumar ... Petitioner/Accused Vs The State of Tamilnadu Rep., By, the Inspector of Police, Sankarankoil Town Police Station, Tenkasi District.
(Crime No. 320 of 2025).
.. Respondent/Complainant For Petitioner : Mr.S. Anandha Rajagopal Advocate For Respondent : Mr.S. Prakash Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No. 320 of 2025 on the file of the respondent police.
ORDER : The Court made the following order :- The petitioner/accused, who apprehends arrest at the hands of the respondent 1/5
police for the offences punishable under Sections 296(b), 115(2), 118(1) and 351(3) of BNS, 2023 in Crime No.320 of 2025, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that due to wordy quarrel the petitioner herein has attacked the defacto complainant with beer bottle and coconut stick and thereby, caused injuries and also abused him in filthy language. Hence, the complaint.
3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and his name has been falsely implicated in this case and seeks anticipatory bail.
4. The learned Government Advocate (Crl. Side) submits that there is no previous case pending against the petitioner and the injured has already been discharged from the hospital. He would further submit that investigation of the case is pending and hence, strongly objected to grant anticipatory bail to the petitioner.
5. Taking into consideration the facts and circumstances of the case and that the injured was discharged from the hospital and that there is no previous case pending against the petitioner, this Court is inclined to grant anticipatory bail to the 2/5
petitioner subject to the following conditions:
6. Accordingly, the petitioner is ordered to be released on 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, Sankarankoil 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 learned Magistrate concerned 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 Aadhaar card or bank pass book to ensure their identity. [b] the petitioner shall report before the respondent police daily at 10.30 am until further orders;
[c] the petitioner shall not tamper with the 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 is 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]. 3/5
[f]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
sd/- 02/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
TRP TO 1 THE JUDICIAL MAGISTRATE, SANKARANKOIL 2 DO - THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENKASI DISTRICT.
3 THE INSPECTOR OF POLICE, SANKARANKOIL TOWN POLICE STATION, TENKASI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUT MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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ORDER
IN CRL OP(MD) No.7346 of 2025 Date :02/06/2025 NM/09.06.2025 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5