Thulasidevi @ D.Duraichi v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28.05.2025 PRESENT THE HONOURABLE MS. JUSTICE R.POORNIMA Thulasidevi @ D.Duraichi ... Petitioner/Accused No.1 Vs State of Tamilnadu Rep. by the Inspector of Police, Thiruthangal Police Station Virudhunagar District (Crime No. 241 of 2025).

... Respondent/Complainant For Petitioner :

Mr.R.Maheswaran Advocate.

For Respondent :

Mr.A.S.Abul Kalaam Azad Government Advocate(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No. 241 of 2025 on the file of the respondent Police.

1/5

ORDER : The Court made the following order :- The petitioner/A1, who apprehends arrest at the hands of the respondent police for the offences punishable under sections 296(b), 115(2) and 118 (1) of BNS in Crime No.241 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that due to business motive, the petitioner along with other two accused trespassed into the house of the defacto complainant. When the defacto complainant questioned the same, he was attacked by the accused persons for which he had sustained injuries and admitted to the Hospital. Hence, the complaint.

3. The learned counsel for the petitioner submitted that due to business enmity, the defacto complainant used to quarrel with the petitioner. On 18.03.2025 and 25.03.2025, the defacto complainant trespassed into the house of the petitioner and caused bodily injuries to him. Hence, the petitioner filed a case in Crime No.242 of 2025 as against the defacto complainant. He had further submitted that the petitioner is an innocent and only to harass the entire family of the petitioner, he has been involved in this case. Hence, he prayed to allow this petition.

4. The learned Government Advocate (Criminal side) appearing for the respondent police has submitted that there is a case in counter and the injured person was discharged from the hospital. He had further submitted that the 2/5

investigation is completed.

5. Taking into consideration the fact that there is a case of case in counter and the injured has already discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner subject to the certain conditions.

6. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of 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 No.II, Sivakasi, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees twenty five 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, on further condition that: [a] if the petitioner fails to surrender before the said Magistrate within a period of fifteen days, this order shall stand automatically cancelled; [b] the petitioner shall report before the respondent police for a period of 30 days and 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; 3/5

[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; [f] if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS 2023.

sd/- 28/05/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

msa TO 1 THE JUDICIAL MAGISTRATE NO.II, SIVAKASI.

2 THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3. The Inspector of Police, Thiruthangal Police Station Virudhunagar District

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

4/5

+1 CC to M/s.R.MAHESWARAN, Advocate ( SR-5825[I] dated 29/05/2025 )

ORDER

IN CRL OP(MD) No.9064 of 2025 Date :28/05/2025 MK/03.06.2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5