A Ramasamy v. State Of Tamilnadu Rep By Inspector Of Police, Kv Nallur

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.05.2025

CORAM

THE HONOURABLE MR.JUSTICE P.VADAMALAI A.Ramasamy ... Petitioner / Accused No.1 Vs.

State of Tamil Nadu, Through the Inspector of Police, KV Nallur police station, Tenkasi District.

(Crime No.515 of 2025).

... Respondent / Complainant Prayer: Criminal original petition filed under Section 482 of BNSS, to enlarge the petitioner on bail in the event of his arrest in connection with Crime No.515 of 2025 registered on the file of the respondent police. For Petitioner : Mr.A.Balaji For Respondent : Mr.K.Gnanasekaran, Government Advocate (Crl. Side).

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O R D E R

The petitioner/A1, who apprehends arrest at the hands of the respondent police for the offences punishable under sections 296(b), 115(2), 118(1), 351(3) BNS, 2023 in Crime No.515 of 2025 on the file of the respondent police, seeks anticipatory bail.

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2. The case of the prosecution is that there was a money dispute between the petitioner and the defacto complaiant. On 15.05.2025 at about 11.30 pm., the petitioner abused the defacto complainant with filthy language and pelted stones on the defacto complainant and inflicted injuries. The very next day, the accused 2 and 3 attacked the defacto complainant with bare hands and abused him with filthy language. Hence, the case has been registered.

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 and his name has been falsely implicated in this case. He would further submit that the petitioner will never abscond and will not tamper the witnesses and also ready to abide by any condition imposed by this Court and hence, he seeks to grant bail to the petitioner.

4. The learned Government Advocate (Crl side) would submit that the injured discharged from the hospital and the co-accused were already remanded and released on bail.

5. Taking into consideration of the facts and circumstances of the case and also the fact that the injured discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions:

6. Accordingly, the petitioner is ordered to be released on bail in the event of 2/5

arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Sankarankovil on condition that the petitioner shall execute a bond for a sum of Rs.

10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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 Inspector of Police, Sivagiri police station, Tenkasi District daily at 10.30 a.

(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 3/5

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/petitioner thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

sd/- 21/05/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

pmu TO 1 THE JUDICIAL MAGISTRATE, SANKARANKOVIL.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TENKASI DISTRICT. 3 THE INSPECTOR OF POLICE, KV NALLUR, KV NALLUR POLICE STATION, TENKASI DISTRICT.

4 THE INSPECTOR OF POLICE, SIVAGIRI POLICE STATION, TENKASI DISTRICT.

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

+1 CC to M/s.A.BALAJI, Advocate ( SR-5615[I] dated 22/05/2025 )

ORDER

IN CRL OP(MD) No.8779 of 2025 Date :21/05/2025 4/5

NBF/29.05.2025 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5