Ramkumar 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.Ram Kumar 2.Santhanam ... Petitioners Vs State of Tamil Nadu, Represented by the Inspector of Police, Vangal Police Station, Karur District.
(Crime No.105 of 2025) ... Respondent For Petitioners : Mr.B.Santhanam Rajesh Kumar 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. 105 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under sections 296(b), 115(2), 118(1) and 351(2) of BNS and in Crime No.105 of 2025, on the file of the respondent police, seeks anticipatory bail. 1/4
2. The case of the prosecution is that on 01.05.2025 at about 09.40 PM, the defacto complainant stopped a lorry and advised the driver, since the driver was driving too fast and recklessly. The petitioners abused the defacto complainant in filthy language and assaulted the him with iron rod. Hence, the complaint.
3. The learned Counsel for the petitioners would submit that the petitioners are innocent person and they have not committed any offence as alleged by the prosecution. He therefore prays for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that the petitioners assaulted the complainant with iron rod. The defacto complainant was injured and then discharged from the hospital. The 1st petitioner / Accused No.1 has two previous cases against him.
5. Considering the fact that the injured was discharged from the hospital, this Court is inclined to enlarge the petitioners on anticipatory bail with certain conditions.
6. Accordingly, the petition is allowed and 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 No.2, Karur, Karur District., on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand 2/4
only) each 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 petitioners 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]. 3/4
[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.
Tmg TO 1.The Judicial Magistrate Court No.2, Karur, Karur District. 2.Do through The Chief Judicial Magistrate,Karur. 3.The Inspector of Police,Vangal Police Station,Karur District.
4. The Additional Public Prosecutor,Madurai Bench of Madras High Court,Madurai. ORDER IN CRL OP(MD) No.8522 of 2025 Date :08/05/2025 PP/22.05.2025 4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4