Felix Gunaseelan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03.06.2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI

1. Felix Gunaseelan

2. Vasanth @ Shamvasanth

3. Alphones ... Petitioners/ Accused No.1 to 3 Vs.

The State of Tamil Nadu, Rep. by, the Inspector of Police, Lalgudi Police Station, Trichy District Crime No.296 of 2025.

... Respondent/Complainant For petitioners :M/s.D.Venkatesh, Advocate.

For Respondent : Mr.S.Prakash, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.296 of 2025 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused No.1 to 3, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2) and 118(1) of Bharatiya Nyaya Sanhita (BNS), 2023 and Section 4 of the Tamil Nadu Prohibition 1/5

of Women Harassment Act, 2002 in Crime No.296 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that due to property dispute, there was a previous enmity between the petitioners and the defacto complainant. Due to which, on 14.05.2025 at about 7.00 a.m., there was a wordy quarrel between them and the petitioners have attacked the defacto complainant and thereby, the defacto complainant has sustained injuries. Hence the case.

3. The learned counsel for the petitioners would submit that petitioners are innocent and a false case has been foisted against them. He would further submit that the petitioners have not committed any offence as alleged by the prosecution. Hence, he seeks anticipatory bail.

4. The learned Government Advocate (Crl. Side) would submit that due to property dispute, there was a dispute between the petitioners and the defacto complainant and the petitioners have attacked the defacto complainant and caused injuries. He would further submit that the injured has been discharged from the hospital. However, he objected to grant anticipatory bail to the petitioners.

5. Taking into consideration of the facts and circumstances of the case and also considering the fact that the injured has been discharged from the hospital, this court is inclined to grant anticipatory bail to the petitioners, with certain conditions. 2/5

6. Accordingly, the petitioners 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, Lalgudi 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 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 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 Aadhar card or Bank pass Book to ensure their identity; (b)the petitioners shall furnish his residential address and mobile number to the learned Judicial Magistrate, Lalgudi. If the petitioners changes their residential address, they shall report the same to the concerned Court; (c)the petitioners shall report before the respondent police daily at 6.00 p.m.

(e)the petitioners shall not abscond either during investigation or trial; 3/5

(f)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; (g)if the accused/petitioners thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 03/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

MAC TO 1 THE JUDICIAL MAGISTRATE, LALGUDI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3 THE INSPECTOR OF POLICE, LALGUDI POLICE STATION, TRICHY DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4/5

+1 CC to M/s.D.VENKATESH, Advocate ( SR-5904[I] dated 04/06/2025 )

ORDER

IN CRL OP(MD) No.9068 of 2025 Date :03/06/2025 SA/SAR. /10.06.2025/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5