Suresh Kumar v. The State Of Tamilnadu Rep. By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14-05-2025 PRESENT THE HON`BLE MR.JUSTICE K. RAJASEKAR Suresh Kumar ... Petitioner / Sole Accused Vs The State of Tamilnadu, rep., by its The Inspector of Police, Cumbum North Police Station, Cumbum, Theni District.
(Crime No.103 of 2025) ... Respondent/Complainant For Petitioner : Mr.S.Sundarapandian 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.103 of 2025 on the file of the Respondent police.
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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 Section 132 of BNS, 2023 in Crime No.103 of 2025 seeks anticipatory bail. 2.The allegation against the petitioner is that the petitioner, who is an Advocate, insulted a Special Sub Inspector of Police during enquiry on a dispute and also abused the police officer and interfered with the public duty performed by the police officer. Hence, the complaint.
3. The learned counsel appearing for the petitioner would submit that the petitioner is a practising Advocate and due to wordy quarrel, he has been falsely implicated in this case as if he has used filthy language against the officer and he is always respectful towards the public servant and he has never intended to abuse any person. He would further submit that the petitioner is an innocent and there is 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 reported that due to quarrel between the defacto complainant, a case has been registered and the petitioner is not involved in any previous case. However, he strongly opposed for granting anticipatory bail to the petitioner. 2/5
5.Considering the fact that the petitioner is a practising Advocate and also the fact that he is not involved in any previous 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 Magistrate Court, Uthamapalayam, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/-(Ten 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 Deputy Superintendent of Police, Cumbum every Saturday for a period of two weeks; (c)the petitioner shall not tamper with evidence or witness either during investigation or trial;
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(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; (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 ( CS-I / II / III / IV ) Madurai Bench of Madras High Court, Madurai.
abr/pnn To 1.The Judicial Magistrate Court, Uthamapalayam. 2.Do Through The Chief Judicial Magistrate, Theni.
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3.The State of Tamilnadu, rep., by its The Inspector of Police, Cumbum North Police Station, Cumbum, Theni District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
CRL OP(MD) No.8645 of 2025 Date : 14-05-2025 KVL - ( 27.05.2025) 5P/ 5 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5