George v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08.05.2025 PRESENT The HONOURABLE MR. JUSTICE M.JOTHIRAMAN George ... Petitioner Vs The State of Tamil Nadu, Represented by The Inspector of Police, Thoothukudi Railway Police Station, Thoothukudi District.

Crime No.94 of 2025 ... Respondent For Petitioner : Mr.P.Veerapandi For Respondent : Mr.R.Meenakshi Sundaram Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.94 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Accused No.1, who apprehends arrest at the hands of the respondent police for the offences punishable under sections 296(b), 115(2), 118(1) and 351(2) of the Bharatiya Nyaya Sanhita, 2023, on the file of the respondent police, 1/5

seeks anticipatory bail.

2. The case of the prosecution is that on 16.04.2025, while the de facto complainant closed the railway gate, the petitioner and other accused questioned her by using un-parliamentary words. Thereafter, the petitioner and other accused attacked the de facto complainant and threatened her with dire consequences. Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution.

4. The learned Additional Public Prosecutor appearing for the respondent police submits that it is a case of case in counter. The injured sustained only simple injury and was discharged from the hospital on 18.04.2025 and there is no previous case is pending against the petitioner.

5. Considering the facts and circumstances of the case that the injured person was also discharged from the hospital and the nature of injury is simple and there is no previous case is pending against the petitioner, 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 2/5

date on which the order copy made ready, before the learned Judicial Magistrate Court No.IV, Thoothukudi, 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. [b] the petitioner shall report before the respondent police monday and friday 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]. 3/5

[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 (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

BTR TO 1.THE JUDICIAL MAGISTRATE COURT NO.IV, THOOTHUKUDI.

2.THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI. 3.THE STATE OF TAMIL NADU, THE INSPECTOR OF POLICE, THOOTHUKUDI RAILWAY POLICE STATION, THOOTHUKUDI DISTRICT.

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

+1. CC to VEERAPANDI P Advocate SR.No.5369 (I)DT.08/05/2025 4/5

ORDER

IN CRL OP(MD) No.8458 of 2025 Date :08/05/2025 PR/20.05 .2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5