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Madras High CourtCRL OP(MD)/8620/2025allowed

Thiruvengatam @ Thiruvengadam v. The State Of Tamilnadu Rep. By

2025-05-14Honourable Mr.Justice K.Rajasekar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14-05-2025 PRESENT THE HON`BLE MR.JUSTICE K. RAJASEKAR Thiruvengatam @ Thiruvengadam ... Petitioner / Sole Accused Vs The State of Tamilnadu, through The Inspector of Police, Town South Police Station, Thanjavur District.

(Crime No.97 of 2025) ... Respondent/Complainant For Petitioner : Mr.C.Senthil Murugan For Respondent : Mr.M.Karunanithi Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.97 of 2025 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/Sole Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 132 and 351(2) of BNS Act in Crime No.97 of 2025 seeks anticipatory bail. 1/4

2.The allegation against the petitioner is that the petitioner was a subordinate to the defacto complainant and due to departmental action initiated against him, he has threatened the defacto complainant with dire consequences through phone. Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit that due to enmity, a false complaint has been registered against the petitioner. He would further submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Further, the petitioner has no previous case pending against him. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent Police fairly submits that the petitioner has no previous case. However, he strongly opposed for grant of anticipatory bail to the petitioner. 5.Considering the overt act and also the nature of the offence and also the fact that the petitioner is not involved in any other case, I am inclined to grant anticipatory bail to the petitioner with certain conditions. 6.Accordingly, this Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial 2/4

Magistrate No.1, Thanjavur, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/-(Fifteen Thousand Rupees only) with two sureties, each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further conditions 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 am for a period of two weeks;

(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]; and; 3/4

(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 14/05/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

abr/pnn To 1.The Judicial Magistrate No.1, Thanjavur.

2.Do through the Chief Judicial Magistrate, Thanjavur at Kumbakonam. 3.The Inspector of Police,Town South Police Station,Thanjavur District. 4.The Additional Public Prosecutor,Madurai Bench of Madras High Court, Madurai. ORDER IN CRL OP(MD) No.8620 of 2025 Date :14/05/2025 PP/28.05.2025 4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4