Naveen @ Andrews Naveen Rexton 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 Naveen @ Andrews Naveen Rexton ... Petitioner Vs State of Tamilnadu, Through the Inspector of Police, Thiruchendur Police Station, Thoothukudi District.
... Respondent (Crime No.177 of 2025) For Petitioner : Mr.B.N.Raja Mohamed For Respondent : Mr.R.Meenakshi Sundaram Additional Public Prosecutor (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.177 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 3(5), 296(b), 109, 351(3) 1/5
BNS, 2023 in Crime No.177 of 2025, on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that on 21.04.2025, the petitioner and other accused persons have armed with deadly weapons in a fist of revenge over the attack upon the father of the petitioner on the same day at 08.00p.m. And made an attempt to murder the Defacto-complainant by attacking using dagger, wooden logs and stones on his face and using filthy language.
3. The learned Counsel for the petitioner would submit that the petitioner did not involved in any of the offences as alleged by the prosecution. The petitioner is an innocent and he is falsely implicated in this case. Due to previous enmity between the defacto-complainant and the accused persons, the said occurrence was happened. The petitioner was falsely implicated in the present case. In this case, injured persons were discharged from hospital. There is counter case is pending in Crime No.176 of 2025.
4. The learned Additional Public Prosecutor appearing for the respondent police on instructions, would submit that due to previous enmity between the defacto-complainant and the accused persons, the alleged occurrence was happened. There is one counter case registered in Crime No.176 of 2025 and the same was pending investigation before the respondent police. In this case, injured 2/5
persons were discharged from hospital.
5. Considering the nature of the allegations and considering the fact that there is counter case in Crime No.176 of 2025 is pending before the respondent police and the injured persons in the present case were discharged from hospital, 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 Judicial Magistrate Court, Thiruchendur, Thoothukudi District, 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 daily at 10.30 a.m. until further orders.
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[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.
GVN TO 1.The Judicial Magistrate Court,Thiruchendur, Thoothukudi District. 2.Do through The Chief Judicial Magistrate,Thoothukudi District.
3. Inspector of Police, Thiruchendur Police Station, Thoothukudi District. 4.The Additional Public Prosecutor,Madurai Bench of Madras High Court, Madurai. 4/5
ORDER
IN CRL OP(MD) No.8501 of 2025 Date :08/05/2025 PP/22.05.2025 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5