Madras High CourtCRL OP(MD)/8958/2025allowed

Parthiban v. The State Of Tamilnadu Rep.By

2025-05-21Honourable Mr Justice P.Vadamalai4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21.05.2025 PRESENT The Hon`ble Mr.Justice P.VADAMALAI 1.Parthiban 2.Eswari ... Petitioners/A5 to A6 Vs The State rep.by the Inspector of Police, Peraiyur Police Station, Ramanathapuram District.

(Crime No.35 of 2025) ... Respondent/ Complainant For Petitioners : Mr.K.Yasar Arafath For Respondent : Mr.K.Gnanasekaran, Government Advocate (Crl. Side).

PETITION FOR ANTICIPATORY BAIL Under Section 482 of B.N.S.S. PRAYER :- For Anticipatory Bail in Crime No.35 of 2025 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners/accused 5 & 6, who apprehend arrest at the hands of the 1/4

respondent police for the offences punishable under Sections (*)''329(4), 296(b), 118(1), 189(2), 303(2) and 351(3) of BNS'', in Crime No.35 of 2025, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the first accused is the brother-in-law of the defacto complainant. There existed property dispute between the parties, due to which, the first accused along with other accused/petitioners herein trespassed into the defacto complainant's house and abused her in filthy language and assaulted her 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 petitioners are not having any previous cases. He would further submit that the injured was discharged from the hospital.

5. Taking into consideration of the facts and circumstances of the case and also the fact that the injured was discharged from the hospital and 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 2/4

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, Kamuthi, 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 30 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 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]. 3/4

[f]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS, 2023.

sd/- 21/05/2025 (*)CORRECTED AS PER THE ORDER OF THIS HON'BLE COURT DATED 04/06/2025 IN CRL OP(MD) No.8958 of 2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

DAS TO TO BE SUBSITUTED WITH THE ORDER DATED 21/05/2025 ALREADY DESPATCHED.

1 THE JUDICIAL MAGISTRATE, KAMUTHI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3 THE INSPECTOR OF POLICE, PERAIYUR POLICE STATION, RAMANATHAPURAM DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.8958 of 2025 Date :21/05/2025 SA/SAR. /29.05.2025/4P/5C NBF/SAR. /13.06.2025/4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4