Surenthiran 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 Surenthiran, S/o.Ramu, 3/78, South Street, Andipatti, Alampatti, Thirumangalam Taluk, Madurai.

... Petitioner Vs State of Tamil Nadu Rep. by The Inspector of Police, Thirumangalam Taluk Police Station, Madurai District.

... Respondent For Petitioner : Mr.R.Sundar For Respondent : Mr.R.Meenakshi Sundaram Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/5

PRAYER :- For Anticipatory Bail in Crime No.68 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/A2, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 296(b), 351(2), 132 of BNS 2023 and Section 3(1) of the Tamil Nadu Public Property (Prevention of Damage and Loss) Act, 1992, in Crime No.68 of 2025, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 30.04.2025, the defacto complainant was driving a bus bearing Reg.No.TN58 N 2819 and when the bus reached near Alampatti in Thirumangalam Taluk, at that time, the petitioner along with A1 came there in an inebriated condition and damaged the front glass of the bus and also abused the defacto complainant in filthy language. Hence, the case.

3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he is not involved in any offence as alleged by the prosecution. Therefore, he seeks to grant anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor submits that the defacto complainant is the Driver of the Tamil Nadu State Transport Corporation Ltd. On 2/5

the date of occurrence, the petitioner along with A1 came in an inebriated condition and attacked the driver of the bus and damaged the bus and caused loss to the tune of Rs.40,000/-. Hence, he opposed to grant bail to the petitioner. He further submits that A1 was arrested and he is in jail.

5. Considering the facts and circumstances of the case and also considering the nature of allegations, this court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Thirumangalam, Madurai, 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 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 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. 3/5

[b] the petitioner shall report before the respondent Police daily at 10.30 a.m. until further orders.

[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. [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 petitioners 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]. [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.

ogy TO

1. THE JUDICIAL MAGISTRATE, 4/5

THIRUMANGALAM, MADURAI.

2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3. THE INSPECTOR OF POLICE, THIRUMANGALAM TALUK POLICE STATION, MADURAI DISTRICT.

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

+1 CC to M/s.R.SUNDAR, Advocate ( SR-5450[I] dated 09/05/2025 )

ORDER

IN CRL OP(MD) No.8405 of 2025 Date :08/05/2025 HPS/28.05.2025 /5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5