Dhatchinamoorthi Palani v. State Of Tamilnadu Rep By Inspector Of Police, Sellur

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21.05.2025 PRESENT The Hon`ble Mr.Justice P.VADAMALAI Dhatchinamoorthi @ Palani ... Petitioner/ Accused No.3 Vs State of Tamilnadu rep. by The Inspector of Police, Sellur Police Station, Madurai City.

(Crime No.603 of 2025) ... Respondent/ Complainant For Petitioner : Mr.R.Muthukumaran, Advocate.

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.603 of 2025 on the file of the Respondent police. 1/5

ORDER : The Court made the following order :- The petitioner/A3, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 118(1), 351(3) and 49 BNS, 2023 in Crime No.603 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that due to money dispute between the petitioner and the defacto complainant, the petitioner along with other accused abused the defacto complainant in filthy language and also attacked him by using stones and caused severe injuries. Hence, a case has been registered.

3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and a false case has been foisted against him. Further, he would submit that the injured was discharged from the hospital. Hence, he seeks bail.

4. The learned Government Advocate (Crl side) would submit that there was a money dispute between the petitioner and the defacto complainant, that there is no previous case pending against the petitioner and that the injured was discharged from the hospital. He would further submit that the accused 1 and 2 were arrested 2/5

and are in custody and that investigation of the case is pending and hence, he objected to grant anticipatory bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also the fact that no previous case is pending against the petitioner and that the injured was discharged from the hospital, 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 No.2, Madurai 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 Aadhaar card or bank pass book to ensure their identity. 3/5

[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 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]; and (f)if the accused/petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.

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.

CSM TO 1 THE JUDICIAL MAGISTRATE NO.2 MADURAI.

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2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE MADURAI.

3 THE INSPECTOR OF POLICE, SELLUR, SELLUR POLICE STATION, MADURAI CITY.

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

ORDER

IN CRL OP(MD) No.9035 of 2025 Date :21/05/2025 HPS/02.06.2025 /5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5