Younus 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 Younus ... Petitioner / Sole Accused Vs The State of Tamilnadu, Represented By, The Inspector of Police, Paramakudi Town Police Station, Ramanathapuram District.

(Cr.No.31 of 2025) ... Respondent / Complainant For Petitioner : Mr.M.S.Jeyakarthik For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS, 2023 PRAYER :- For Anticipatory bail in Cr.No.31 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under sections 296(b), 132, 351(3) of BNS, 2023 and under Section 4 of the TN Prohibition of Harassment of Women Act, 2002, in Cr.No. 31 of 2025 on the file of the respondent police, seeks anticipatory 1/4

bail.

2. The case of the prosecution is that the defacto-complainant is a Tahsildar of Paramakudi Taluk. The Accused is the Village Administrative Officer in Kamankottai group. On 10.01.2025, when the Paramakudi Taluk Office employees were celebrating Samathuva Pongal in the Taluk Office, the accused came there with Lungi and threatened the employees. On 29.01.2025, when the defacto complainant was not in the office, the accused came there and abused the defacto complainant with filthy language and abusive words. Hence the complaint.

3. The learned Counsel for the petitioner would submit that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution.

4. Learned Government Advocate (Crl side) would submit that due to the incident, disciplinary proceeding was initiated against the accused and he was suspended. The suspension was later revoked. However, he prays to dismiss this Criminal Original Petition.

5. Considering the nature of the allegations and considering the fact that the petitioner is a Village Administrative Officer and he is a permanent resident, 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 2/4

date on which the order copy made ready, before the Judicial Magistrate, Paramakudi, 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 10.30a.m. until further orders.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioner shall not abscond either during investigation or trial. [f] 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]. 3/4

[g] 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.

pnn TO 1.The Judicial Magistrate, Paramakudi.

2.Do through the Chief Judicial Magistrate, Ramanathapuram. 3.The Inspector of Police, Paramakudi Town Police Station, Ramanathapuram District.

4.The Additional Public Prosecutor,Madurai Bench of Madras High Court,Madurai. +1 CC to M/s.M.S.JEYAKARTHIK, Advocate ( SR-5416[I] dated 09/05/2025 ) ORDER IN CRL OP(MD) No.8592 of 2025 Date :08/05/2025 PP/26.05.2025 4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4