Sivakumar 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. Sivakumar
2. Kanagaraju ... Petitioners/Accused No.1 & 2 Vs The State represented by The Inspector of Police, Musiri Police Station, Trichy District.
(Crime No.194 of 2025) ... Respondent/Complainant For Petitioners : Mr.K.Arunraj For Respondent : Mr.M.Karunanithi Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.194 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the respondent 1/4
police for the offences punishable under Sections 296(b), 118(1), 324(2) and 351(3) of BNS, in Crime No.194 2025, seek anticipatory bail.
2. The case of the prosecution is that due to a dispute over a pathway, the petitioners are said to have abused the defacto complainant in filthy language and also assaulted him 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 been discharged from the hospital and that there are no previous cases pending against the petitioners.
5. Considering the fact that there are no previous antecedents as against the petitioners and also considering the fact that the injured was discharged from the hospital, 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 Magistrate Court at Musiri, on condition that the petitioners shall execute a bond for 2/4
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 a period of 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 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 Section 3/4
269 of BNS 2023.
Sd/- 14/05/2025 / TRUE COPY / /08/2024 Sub-Assistant Registrar (C.S.I /II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
jbr TO 1.The Judicial Magistrate, Musiri.
2.Do Through The Chief Judicial Magistrate, Trichy.
3.The Inspector of Police, Musiri Police Station, Trichy District.
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.K.ARUNRAJ, Advocate ( SR-5545[I] dated 14/05/2025 )
ORDER
IN CRL OP(MD) No.8728 of 2025 Date : 14.05.2025 BV(27/05/2025) 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 4/4