Veeraraj @ Veerarajiv v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.05.2025

CORAM

THE HONOURABLE MR.JUSTICE P.VADAMALAI

1. Veeraraj @ Veerarajiv

2. Ramamoorthi

3. Ayyanar ... Petitioners / Accused Nos.3, 4 & 5 Vs.

The State of Tamil Nadu, through the Inspector of Police, Kamuthi police station, Ramanathapuram District.

(Crime No.105 of 2025) ... Respondent/ Complainant Prayer: Criminal original petition filed under Section 482 of BNSS, to enlarge the petitioners on anticipatory bail in the event of their arrest in Crime No.105 of 2025 on the file of the respondent police.

For Petitioner : Mr.G.Vishnuram For Respondent : Mr.K.Gnanasekaran, Government Advocate(Crl. Side).

* * *

O R D E R

The petitioner/accused 3, 4 and 5, who apprehend arrest at the hands of the respondent police for the offences punishable under sections 189(2), 296(b), 115(2), 118(1) and 351(3) of BNS, 2023 in Crime No.105 of 2025 on the file of the respondent 1/4

police, seek anticipatory bail.

2. The case of the prosecution is that due to previous motive, on 10.05.2025 at 1.00 pm., there was a wordy quarrel between the accused and the defacto complainant. Further, the accused abused and assaulted him with weapons and threatneed with dire consequences. Hence, the case has been registered.

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 and their name has been falsely implicated in this case. He would further submit that the petitioners 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 anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl side) would submit that it is a case and counter case. Totally five accused and two of them were arrested and released on station bail.

5. Taking into consideration of the facts and circumstances of the case and also the fact that the two of the co-accused were released on station bail, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions:

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which 2/4

the order copy made ready, before the learned Judicial Magistrate, Kamuthi, Ramanathapuram District on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only)each 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 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 a.m for a period of 30 days and thereafter, as and when required for interrogation; (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; 3/4

(f)if the accused/petitioners thereafter abscond, 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, KAMUTHI, RAMANATHAPURAM. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3 THE INSPECTOR OF POLICE, KAMUTHI POLICE STATION, RAMANATHAPURAM DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.8805 of 2025 Date :21/05/2025 NBF/29.05.2025 4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4