Praveenkumar (Thapparaikannan) @ Premkumar v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14-05-2025 PRESENT THE HON`BLE MR.JUSTICE K. RAJASEKAR Praveenkumar (Thapparaikannan) @ Premkumar ... Petitioner / Accused No.2 Vs The State of Tamilnadu, rep., by its The Inspector of Police, Thiruthangal Police Station, Virudhunagar District.

(Crime No.178 of 2025) ... Respondent/Complainant For Petitioner : Ms.Lakshmi Gopinathan for M/s.Polex Legal Solutions For Respondent : Mr.M.Karunanithi Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.178 of 2025 on the file of the Respondent police.

ORDER : The Court made the following order :- 1/5

The petitioner/Accused No.2, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 308(4) of BNS, 2023 in Crime No.178 of 2025 seeks anticipatory bail. 2.The allegation against the petitioner is that the petitioner joined hands with other accused, waylaid the defacto complainant and attempted to rob money from him by knife point. Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner has been falsely implicated in this case and he has not involved in robbery as alleged by the prosecution and no money was taken away from the defacto complainant and the FIR itself was registered by mentioning the name of the accused, which itself is sufficient to show that false case has been registered. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent Police reported that the petitioner along with other accused attempted to rob from the defacto complainant. Due to the intervention of the public, they ran away from the place of occurrence. He would further report that the first accused in this case was arrested on 10.04.2025 and thereafter, he was released on bail. However, he strongly opposed for granting anticipatory bail to the petitioner. 2/5

5.Considering the facts and circumstances of the case and also considering the fact that the co-accused in this case has already been arrested and released on bail, I am inclined to grant anticipatory bail to the petitioner with certain conditions. 6.Accordingly, this Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or 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, Sivakasi, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/-(Fifteen Thousand Rupees 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 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 Aadhar card or Bank pass Book to ensure their identity; (b)the petitioner shall report before the respondent police daily at 10.30 am for a period of three weeks;

(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; 3/5

(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 229-A IPC.

sd/- 14/05/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

abr/pnn To 1.The Judicial Magistrate No.II, Sivakasi.

2. Do through The Chief Judicial Magistrate, Sivakasi. 3.The Inspector of Police,Thiruthangal Police Station,Virudhunagar District. 4.The Additional Public Prosecutor,Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.M/S.POALAX LEGAL SOLUTIONS, Advocate ( SR-5537[I] dated 14/05/2025 ) 4/5

ORDER IN CRL OP(MD) No.8400 of 2025 Date :14/05/2025 PP/22.05.2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5