Boomibalan @ Poomipalan 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.8530 of 2025 Boomibalan @ Poomipalan ... Petitioner Vs The State rep. By The Inspector of Police, Alangulam Police Station, Tenkasi District, (Crime No.221 of 2025) ... Respondent For Petitioner : Mr.S.Pandiyaraj 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.221 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Accused No.3, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2) and 351 1/4

(3) of Bharatiya Nyaya Sanhita, 2023 r/w. Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 1937, in Crime No.221 of 2025, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that during temple festival, the petitioner and others scolded the defacto complainant and his son and beaten them. Thereafter, the defacto complainant has been admitted in hospital for treatment. Hence, the respondent police registered a case against the petitioner. 3.The learned counsel appearing for the petitioner that the petitioner is an innocent person and he has not committed any offence. 4.The learned Government Advocate (Crl.) appearing for the respondent on instruction would submit that there is no previous cases of similar nature pending as against the petitioner. The injured has been discharged from the hospital. He objects to grant anticipatory bail to the petitioner. 5.

Considering the fact that the injured has been discharged from the hospital and there is no previous case as against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions: 6.

Alangulam, Tenkasi 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.

[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 petitioner 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 3/4

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 MRN TO 1.The Judicial Magistrate, Alangulam, Tenkasi District.

2.Do Through The Chief Judicial Magistrate, Tirunelveli.

3.The Inspector of Police, Alangulam Police Station, Tenkasi District, 4.The Additional Public Prosecutor, Madurai Bench Of Madras High Court, Madurai.

+1 CC to M/s.S.PANDIYARAJ, Advocate ( SR-5373[I] dated 08/05/2025 )

ORDER

IN CRL OP(MD) No.8530 of 2025 Date : 08.05.2025 BV(26/05/2025) 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 4/4