Samuvel Ravi v. Home, Prohibition And Excise Department

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22.05.2025 PRESENT The HONOURABLE MR.JUSTICE P.VADAMALAI Samuvel Ravi, S/o.Anduraj

...Petitioner / Sole Accused

Vs The State of Tamil Nadu, Rep by the Inspector of Police, Pavoorchatram Police Station, Tenkasi District.

(Crime No.228 of 2025) ... Respondent/ Complainant For Petitioner :

Mr.K.Sivabalan, Advocate for M/s.Aran Legal Consultancy For Respondent :

Mr.P.Kottai Chamy, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Section 482 of BNSS, 2023. PRAYER :- For Anticipatory Bail in Crime No.228 of 2025 on the file of the 1/6

respondent police.

ORDER : The Court made the following order :- The petitioner / accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 118(1) and 351(3) of Bharatiya Nyaya Sanhita (BNS), 2023, in Crime No.228 of 2025, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that, due to a prior motive, the accused person attacked the defacto complainant with a beer bottle, abused him with filthy language, and threatened him with dire consequences. Hence, this case.

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 a false case has been foisted against the petitioner. He further submits that the petitioner will never abscond and will not tamper the witnesses and also ready to abide by any conditions to be imposed by this Court and hence, he seeks to grant anticipatory bail to the petitioner. 2/6

4. The learned Government Advocate (Criminal Side) appearing for the respondent police submits that the accused person attacked the defacto complainant with a beer bottle, abused him with filthy language, and threatened him with dire consequences. He further submits that two persons sustained injuries in this case and were admitted to the hospital for treatment, from which they were subsequently discharged. He, however, submits that the investigation in this case is still pending and that, at this stage, if anticipatory bail is granted to the petitioner, he will cause threat to the defacto complainant. He, therefore, opposes the grant of anticipatory bail to the petitioner.

5. This Court has heard the learned counsel on both sides and perused the materials available on record.

6. Taking into consideration the facts and circumstances of the case and the evidences are on the basis of the records and the judicial custody of the petitioner is not necessary, this court is inclined to grant anticipatory bail to the petitioner, subject to the following conditions:

7. Accordingly, the petitioner is ordered to be released on bail in the event of 3/6

arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Tenkasi, 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 learned Magistrate concerned and on further conditions 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 Aadhaar card or bank pass book to ensure their identity. [b] the petitioner 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 petitioner shall not tamper with the 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 withlaw as if the conditions have been imposed and the petitioner is released on bail 4/6

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 of BNS, 2023.

8. In the result, this Criminal Original Petition is allowed subject to the conditions stated supra.

sd/- 22/05/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

PAL TO 1 THE JUDICIAL MAGISTRATE TENKASI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TENKASI.

3 THE INSPECTOR OF POLICE, PAVOORCHATRAM POLICE STATION, 5/6

TENKASI DISTRICT.

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

+1 CC to M/s.K.SIVABALAN, Advocate ( SR-5707[I] dated 22/05/2025 )

ORDER

IN CRL OP(MD) No.9016 of 2025 Date :22/05/2025 HPS/03.06.2025 /6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6