Aravinth 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.Aravinth 2.Praveenraj @ Jappan ... Petitioners Vs State Rep. by The Inspector of Police, Kattuputhur Police Station, Trichy District.

... Respondent (Crime No.151 of 2025) For Petitioner : Mr.K.Arunraj For Respondent : Mr.B.Thanga Aravindh Govt.Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.151 of 2025 on the file of the respondent police. 1/6

ORDER : The Court made the following order :- The petitioners/Accused Nos.1 & 3, who apprehend arrest at the hands of the respondent police for the offences punishable under sections 296(b), 118(1) and 351

(3) BNS, 2023 in Crime No.151 of 2025, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on 30.04.2025, at about 5.00p.m. the defacto complainant was chatting with his friends, at that time the petitioners and others were scolded the defacto-complainant by using filthy language and assaulted him 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 petitioners are innocents and they are falsely implicated in this case. The petitioners and the defacto-complianant are belongs to same village and due to previous enmity between the defacto-complainant and the petitioners herein, a false case has been lodged against these petitioners. The defacto-complainant and others were also 2/6

attacked the 1st petitioner and stabbed in his chest and thereby he sustained grievous injury and admitted in hospital for treatment. The first accused is still in hospital and he is still undergone treatment. Injured person was also discharged from hospital. A Counter case is also registered in Crime No.150 of 2025, dated 01.05.2025. He therefore prays for grant of pre-arrest bail to the petitioners.

4. The learned Additional Public Prosecutor appearing for the respondent police on instructions, would submit that the defacto-complainant and the petitioners are belongs to same village and due to previous enmity, they attacked each other, due to which, the defacto-complainant and the first accused sustained injury. The first accused is still undergone treatment. Other injured persons were discharged from hospital. A Counter case is also registered in Crime No.150 of 2025, dated 01.05.2025 and the same was pending before the respondent police. In this case, second accused was already arrested and remanded to judicial custody. Accordingly, he prays to dismiss this Criminal Original Petition.

5. Considering the nature of the allegations and considering the fact that there 3/6

is counter case in Crime No.150 of 2025 is pending before the respondent police and the injured person was discharged from hospital, the first accused also sustained injury and he is still undergone treatment in hospital,the second accused already arrested and remanded to judicial custody, 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 date on which the order copy made ready, before the District Munsif cum Judicial Magistrate, Thottiyam, 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 second petitioner alone shall report before the respondent Police daily at 10.30 a.m. until further orders.

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[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 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.

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TO 1.The District Munsif cum Judicial Magistrate, Thottiyam.

2.Do Through The Chief Judicial Magistrate, Tiruchirappalli.

3. The Inspector of Police, Kattuputhur Police Station, Trichy District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.K.ARUNRAJ, Advocate ( SR-5420[I] dated 09/05/2025 )

ORDER

IN CRL OP(MD) No.8420 of 2025 Date :08/05/2025 HPS/28.05.2025 /6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6