Selvam v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08.05.2025 PRESENT The HONOURABLE MR. JUSTICE M.JOTHIRAMAN

1. Selvam

2. Singaraj @ Singarajyadav ... Petitioners Vs State of Tamilnadu, rep. by the Inspector of Police, Keelavalavu Police Station, Madurai District.

... Respondent (Crime No.90 of 2025) For Petitioner : Mr.V.Karuna For Respondent : Mr.

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.90 of 2025 on the file of the respondent police. 1/6

ORDER : The Court made the following order :- The petitioners/Accused Nos.1 & 2, who apprehend arrest at the hands of the respondent police for the offences punishable under sections 296(b), 118(2) & 351 (3) BNS, 2023 in Crime No.90 of 2025, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the second accused bought a land from the elder brother of the defacto-complainant and the first accused helped the second accused for mutation of the revenue records. Thereafter, the second accused entered into the said land, at that time, the defacto-complainant and his son prevented the second accused, in which wordy quarrel arose between them. Due to the said act, on 16.04.2025, the defacto-complainant drove his two wheeler near Maaminipatti Vilakku, at that time, the petitioners waylaid him and abused him in filthy language, attacked him and threatened with dire consequences. Hence the complaint.

3. The learned Counsel for the petitioners would submit that the petitioners were not involved in any of the offences as alleged by the prosecution. The 2/6

petitioners are innocents and they are falsely implicated in this case. Due to previous enmity between the defacto-complainant and the petitioners herein, a false case has been lodged against these petitioners. In this case, injured person was discharged from hospital. There is counter case is pending in Crime No.91 of 2025.

4. The learned Additional Public Prosecutor appearing for the respondent police on instructions, would submit that already there is a land dispute between the defacto-complainant and the petitioners, due to which the alleged occurrence was happened. There is one counter case registered in Crime No.91 of 2025 and the same was pending investigation before the respondent police. In this case, injured person was discharged from hospital.

5. Considering the nature of the allegations and considering the fact that there is counter case in Crime No.91 of 2025 is pending before the respondent police and the injured person in the present case was discharged from hospital, this court is inclined to grant anticipatory bail to the petitioners with certain conditions:

6. 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 3/6

date on which the order copy made ready, before the Judicial Magistrate, Melur, Madurai District, on condition that the petitioners shall execute separate 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 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 a.m. 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. [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 4/6

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

GVN TO 1.THE JUDICIAL MAGISTRATE, MELUR, MADURAI DISTRICT.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

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

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

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+1 CC to M/s.V.KARUNA, Advocate ( SR-5342[I] dated 08/05/2025 )

ORDER

IN CRL OP(MD) No.8394 of 2025 Date :08/05/2025 HPS/29.05.2025 /6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6