Pandiyarajan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/05/2025 PRESENT The HONOURABLE MR. JUSTICE K. RAJASEKAR Pandiyarajan ... Petitioner/Accused Vs The State of Tamil Nadu, Rep by the Inspector of Police, Thiruchuli Police Station, Virudhunagar.

Crime No.409/2024.

... Respondent/Complainant For Petitioner : Mr.R.Jothiraj For Respondent : Mr.S.Prakash, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.409/2024 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), 329(2), 115(2) and 351(2) of BNS and Section 4 of TNPHW Act in Crime No.409 of 2024, seeks 1/4

anticipatory bail.

2.The case of the prosecution is that the petitioner is working as collection agent and he went to the house of the defacto complainant for collecting money and criminally intimidated her, abused her with filthy language, attacked her and caused simple injuries. Hence, the complaint.

3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submits that the FIR itself was registered after 11 days of delay. There was no such occurrence was taken place as stated in the FIR. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent Police submits that the injured has been discharged from the hospital and no previous case is pending against the petitioner. 5.Considering the facts and circumstances of the case and also considering the fact that the injured was discharged from the hospital and also taking note of the fact that no previous case is pending against the petitioner, this Court is 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 2/4

days from the date of receipt of a copy of this order, before the learned Judicial Magistrate at Aruppukottai, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/-(Rupees Fifteen Thousand 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 10.00 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 269 of BNS 2023.

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.

LR TO

1. The Judicial Magistrate, Aruppukottai.

2. Do through the Chief Judicial Magistrate, Virudhunagar at Srivilliputhur.

3. The Inspector of Police,Thiruchuli Police Station,Virudhunagar. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.A.S.NEELA NARAYANI, Advocate ( SR-5554[I] dated 15/05/2025 ) ORDER IN CRL OP(MD) No.8641 of 2025 Date :14/05/2025 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