Madras High CourtCRL OP(MD)/8915/2025allowed

Saravanakmar @ Saravanan v. The State Of Tamilnadu

2025-05-21Honourable Mr Justice P.Vadamalai5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.05.2025

CORAM

THE HONOURABLE MR.JUSTICE P.VADAMALAI

1. Saravanakumar @ Saravanan

2. Karunakaran

3. Sarath @ Sarathkumar ... Petitioner / Accused Nos.2 to 4 Vs.

State of Tamil Nadu rep. by, The Inspector of Police, Thiruppathur Town police station, Sivagangai District.

(Crime No.159 of 2025).

... Respondent / Complainant Prayer: Criminal original petition filed under Section 482 of BNSS, to enlarge the petitioners on bail in the event of their arrest by the respondent police in Crime No.159 of 2025 on the file of the Inspector of Police, Thiruppathur Town police station, Sivagangai District.

For Petitioners : Mr.B.Senthilnathan For Respondent : Mr.K.Gnanasekaran, Government Advocate(Crl.Side).

* * *

O R D E R

The petitioners/accused Nos.2 to 4, who apprehend arrest at the hands of the respondent police for the offences punishable under sections 296(b), 115(2), 118(1) and 351(3) of BNS, 2023 in Crime No.159 of 2025 on the file of the respondent police, 1/5

seeks anticipatory bail.

2. The case of the prosecution is that due to previous enmity, on 15.05.2025 at around 3.30 pm., the accused assaulted the defacto complainant with wooden sticks and threatened him 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 names have 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 the petitioners are not having any previous case and there was no injury caused to the defacto complainant.

5. Taking into consideration of the facts and circumstances of the case and also the fact that the petitioners are not having any previous 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 his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Thiruppathur on 2/5

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 15 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; 3/5

(f)if the accused/petitioners thereafter abscond, a fresh FIR can be registered under Section 269 BNS.

sd/- 21/05/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

PMU TO 1 THE JUDICIAL MAGISTRATE, THIRUPPATHUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3 THE INSPECTOR OF POLICE, THIRUPPATHUR TOWN POLICE STATION, SIVAGANGAI DISTRICT.

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

4/5

+1 CC to M/s.B.SENTHILNATHAN, Advocate ( SR-5702[I] dated 22/05/2025 )

ORDER

IN CRL OP(MD) No.8915 of 2025 Date :21/05/2025 SA/SAR. /02.06.2025/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5