Rajesh v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21.05.2025 PRESENT The Hon`ble Mr.Justice P.VADAMALAI 1.Rajesh Gopal 2.Senthilkumar (*)3.Sundarrajan 4.Ramesh 5.Sridhar ... Petitioners/A1 to A5 Vs State of Tamil Nadu rep.
by the Inspector of Police, Rajapalayam South Police Station, Virudhunagar District.
(Crime No.134 of 2023) ... Respondent/ Complainant For Petitioners : (*)Mr.C.Mayil Vahana Rajendran, For Respondent : Mr.K.Gnanasekaran, Government Advocate (Crl. Side).
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PETITION FOR ANTICIPATORY BAIL Under Section 482 of B.N.S.S. PRAYER :- For Anticipatory Bail in Crime No.134 of 2023 on the file of the Respondent police. ORDER : The Court made the following order :- The petitioners/accused 1 to 5, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 448, 294(b), 323 and 506(1) IPC, in Crime No.134 of 2023, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that on 17.04.2023 the defacto complainant lodged the complaint alleging that the petitioners had broken the locks of the shop and when the same was questioned by the defacto complainant, the petitioners abused the de-facto complainant in filthy language and assaulted him and also caused grievous injuries. Hence, the complaint. 3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent and they have not committed any offence as alleged by the prosecution.
4. The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that the occurrence had taken place in the year 2/5
2023 and no one was injured in the alleged occurrence.
5. Taking into consideration of the facts and circumstances of the case and also the fact that no one was injured in this case, 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 of receipt of a copy of this order, before the learned Judicial Magistrate, Rajapalayam, 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 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 Aadhaar 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 15 days and thereafter, as and when required for interrogation. [c]the petitioners shall not tamper with the 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 3/5
Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners are 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]. [f]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS, 2023.
sd/- 21/05/2025 (*)Corrected As Per Order Of This Hon'ble Court Dt.16/06/2025 In CRL OP(MD).8934/2025.
Further period of fifteen days are granted to execute the bail bond, From the date of receipt of a copy of this Order.
/ TRUE COPY / /05/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
TO BE SUBSTITUTED TO THE ORDER WHICH IS ALREADY DESPATCHED ON 29/05/2025 DAS TO 1.THE JUDICIAL MAGISTRATE, RAJAPALAYAM.
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2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT @ SRIVILLIPUTHUR.
3.THE INSPECTOR OF POLICE, RAJAPALAYAM SOUTH POLICE STATION, VIRUDHUNAGAR DISTRICT.
4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.8934 of 2025 Date :21/05/2025 HPS/29.05.2025 /5P/5C GVN NM/SAR- /01/07/2025/ 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5