M.Rajendran 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 CRL OP(MD)No.8492 of 2025 1.M.Rajendran 2.R.Manjula ... Petitioners Vs The State of Tamil Nadu, Represented by, The Inspector of Police, Devadanapatti Police Station, Theni District.
Crime No.149 of 2025 ... Respondent For Petitioners : Mr.S.Vijayakumar For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.149 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners / Accused Nos.1 and 2, apprehending arrest at the hands of the respondent police for the offences punishable under sections 296(b) and 118(1) of 1/4
the Bharatiya Nyaya Sanhita, 2023 in Crime No.149 of 2025 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that it is a case in counter. On 26.04.2025, there was a dispute between the petitioners and the de facto complainant. Thereafter, the petitioners attacked the de facto complainant's husband. Hence, the complaint.
3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent and they were not committed any offence as alleged by the prosecution.
4. The learned Government Advocate (Crl. Side) appearing for the respondent police submits that the injured was discharged from the hospital and the accused No.1 is having one previous case.
5. Considering the facts and circumstances of the case that it is a case in counter and the injured person has been discharged from the 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 date on which the order copy made ready, before the learned Judicial Magistrate, Periyakulam, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum 2/4
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 1 and 2 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 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 // / /2025 Sub Assistant Registrar (CS - I/II/III/IV) Madurai Bench of Madras High Court, Madurai 3/4
BTR TO 1.The Judicial Magistrate, Periyakulam.
2.Do Throug The Chief Judicial Magistrate, Theni.
3.The State of Tamil Nadu, The Inspector of Police, Devadanapatti Police Station, Theni District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.8492 of 2025 Date : 08.05.2025 BV(26/05/2025) 4P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 4/4