Premkumar 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 1.Premkumar 2.Chinnamani 3.Subalakshmi ... Petitioners/Accused Vs The State of Tamil Nadu, Rep by the Inspector of Police, Vadamadurai Police Station, Dindigul District.

Crime No.108 of 2025. ... Respondent/Complainant For Petitioner : Mr.S.Vikram For Respondent : Mr.S.Prakash, Government Advocate (Crl.Side) For Defacto : Mr.V.Karuna Complainant PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.108 of 2025 on the file of the respondent Police.

ORDER : The Court made the following order :- 1/4

The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 351(2) of BNS and Section 4 of TNPHW of Act, in Crime No.108 of 2025, seek anticipatory bail.

2.The case of the prosecution is that during funeral ceremony, due to wordy quarrel, the petitioners attacked the defacto complainant with stick and caused injury. Hence, the complaint.

3. The learned counsel appearing for the petitioners submits that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent Police submits that the injured has sustained only minor injuries and no previous case is pending against the petitioners.

5.Considering the facts and circumstances of the case and also considering the nature of injury and no previous case is pending 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 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 Judicial 2/4

Magistrate, Vedasandur, Dindigul District, 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 petitioner Nos.1 and 2 shall report before the respondent police daily at 10.30 am for a period of two weeks.

(c)the third petitioner shall report before the respondent police every Saturday at 10.30 am for a period of two weeks.

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

(e)the petitioners 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 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 Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and; 3/4

(g)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.

LR TO

1. The Judicial Magistrate,Vedasandur, Dindigul District. 2.Do through the Chief Judicial Magistrate,Dindigul District.

3. The Inspector of Police,Vadamadurai Police Station,Dindigul District. 4.The Additional Public Prosecutor,Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.S.VIKRAM, Advocate ( SR-5546[I] dated 14/05/2025 ) +1 CC to M/s.V.KARUNA, Advocate ( SR-5561[I] dated 15/05/2025 ) ORDER IN CRL OP(MD) No.8695 of 2025 Date :14/05/2025 PP/28.05.2025 4P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4