Christopher 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 Christopher ... Petitioner Vs State of Tamil Nadu, Represented by Inspector of Police, Colachel West Police Station, Kanniyakumari District.

Crime No.131 of 2025 ... Respondent For Petitioner :

Mr.G.Aravinthan 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. 131 of 2025 on the file of the respondent police. 1/5

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under sections 296(b), 115(2) and 118(1) of BNS in Crime No.131 of 2025, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 24.04.2025 the petitioner and another had waylaid the defacto complainant and attacked him. Hence, the complaint.

3. The learned Counsel for the petitioner would submit that the petitioner is innocent person and he has not committed any offence as alleged by the prosecution. He therefore prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that the petitioner attacked the defacto complainant with beer bottle which caused injury to the defacto complainant. The injured was then discharged from the hospital. Further, no previous case is pending against the petitioner.

5. Considering the fact that there are no previous cases pending against the petitioner and also considering the fact that the injured person has been discharged, this Court is inclined to enlarge the petitioner on anticipatory bail with certain conditions.

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6. Accordingly, the petition is allowed and 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 learned Judicial Magistrate, Eraniel, 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 3/5

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.

Tmg TO 1 THE JUDICIAL MAGISTRATE, ERANIEL 2 THE CHIEF JUDICIAL MAGISTRATE KANYAKUMARI DISTRICT AT NAGERCOIL.

3.The Inspector of Police, Colachel West Police Station, Kanniyakumari District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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+1 CC to M/s.G.ARAVINTHAN, Advocate ( SR-5351[I] dated 08/05/2025 )

ORDER

IN CRL OP(MD) No.8536 of 2025 Date :08/05/2025 MK/SAR /16.05.2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5