Manoj v. State Of Tamil Nadu, Rep By The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14.05.2025 PRESENT The HONOURABLE MR. JUSTICE K.RAJASEKAR 1.Manoj 2.Vijayalakshmi ... Petitioners/ Accused Nos.2 & 3 Vs The State represented by The Inspector of Police, Keeramangalam Police Station, Pudukkottai District.

(Crime No.49 of 2025) ... Respondent/ Complainant For Petitioners :

Mr.D.R.Murugesan For Respondent :

Mr.M.Karunanithi Government Advocate (Crl Side) Mr.R.Prabhakaran for Defacto Complainant PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.49 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- 1/5

The petitioners / Accused Nos.2 & 3, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 127(2), 296(b), 115 (2), 118(1) and 351(3) of BNS, 2023 in Crime No.49 of 2025, seek anticipatory bail. 2.The case of the prosecution is that due to a dispute over a common pathway, the petitioners along with other accused persons assaulted the defacto complainant, who was aged about 80 years by using a wooden log and caused injuries. Hence, the complaint.

3.The learned counsel appearing for the petitioners would submit that there is no specific overt act against the petitioners. He further submitted that the injured has already been discharged from the hospital. Hence, he prays for grant of anticipatory bail to the petitioners.

4.The learned Government Advocate (Crl.Side) appearing for the respondent Police reported that A1 was already arrested and released on bail and that the injured was already discharged from the hospital. He further submitted that there are no previous cases pending against the petitioners. 5.Considering the facts and circumstances of the case and also considering the fact there are no bad antecedents as against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 6.Accordingly, this Petition is allowed and the petitioners are ordered to be 2/5

released on bail in the event of arrest or their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned District Munsif cum Judicial Magistrate, Alangudi, Pudukkottai, on condition that the petitioners shall execute a bond for a sum of Rs.15,000/-(Rupees Fifteen Thousand only)each 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 petitioners 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 petitioners shall report before the respondent police daily at 10.30 am for two weeks;

(c)the petitioners shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioners 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 petitioners 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 3/5

Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and; (f)if the accused thereafter abscond, a fresh FIR can be registered under 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.

jbr TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, ALANGUDI, PUDUKKOTTAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI. 3 THE INSPECTOR OF POLICE, KEERAMANGALAM POLICE STATION, PUDUKKOTTAI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.D.R.MURUGESAN, Advocate ( SR-5563[I] dated 15/05/2025 )

ORDER

IN CRL OP(MD) No.8676 of 2025 Date :14/05/2025 4/5

NBF/27.05.2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5