Ramesh 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 Ramesh ... Petitioner / Accused rank not known Vs.
State of Tamil Nadu, Rep. by the Inspector of Police, Suthamalli police station, Tirunelveli District.
(Crime No.253 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 Crime No.253 of 2025 on the file of the respondent police.
For Petitioner : Mr.Sathyachidambaram For Respondent : Mr.P.Kottai Chamy, Government Advocate(Crl. Side).
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O R D E R
The petitioner/accused, who apprehends arrest at the hands of the respondent police for the offences punishable under sections 126(2), 296(b) and 351(3) of BNS 2023 and Section 3 of the Tamil Nadu Public Property (Prevention of Damage and 1/5
Loss) Act, 1992 in Crime No.253 of 2025 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the defacto complainant was working as a delivery boy. On 25.04.2025, at about 5.15 pm., accused 1 to 3 waylaid the defacto complainant, stopped his vehicle and quarreled with him. When the same was questioned by the defacto complaiant, accused 1 to 3 abused the defacto complainant and they gave threat. The damage was caused to the vehicle of the defacto complainant which was worth about Rs.6,000/-. 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. As per the FIR, there is no overt act attributed to the petitioner. 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 accused 1 and 2 were arrested and released on bail. The petitioner is having ten previous cases. Out of them, six cases were disposed of.
5. Taking into consideration of the facts and circumstances of the case and also 2/5
the fact that the co-accused were already released on bail, 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 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, Cheranmahadevi, Tirunelveli District 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 make a deposit of Rs.10,000/- (Rupees Ten Thousand only) before the Judicial Magistrate, Cheranmahadevi to the credit of Crime No.
(c ) the petitioner shall report before the respondent police daily at 10.30 a.m for 3/5
a period of 30 days and thereafter, as and when required for interrogation; (c)the petitioner shall not tamper with evidence or witness either during investigation or trial;
(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 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 CHERANMAHADEVI, TIRUNELVELI DISTRICT.
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2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT.
3 THE INSPECTOR OF POLICE, SUTHAMALLI POLICE STATION, TIRUNELVELI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.S.SATHYACHIDAMBARAM, Advocate ( SR-5679[I] dated 22/05/2025 )
ORDER
IN CRL OP(MD) No.9034 of 2025 Date :21/05/2025 SS/SAR- /28/05/2025/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5