S Rathina Sabapathi v. The State Of Tamil Nadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI S.Rathina Sabapathi ... Petitioner/A1 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Fort Police Station, Trichy City.
(Crime No.411 of 2025) ... Respondent/Complainant For Petitioner : Mr.S.Ramakrishnan For Respondent : Mr.S.Prakash Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.411 of 2025 on the file of the Respondent Police. 1/5
ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 308(4) and 351(3) of BNS, 2023 in Crime No.411 of 2025 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on 16.05.2025 at 6.45 p.m., there was a wordy quarrel between the petitioner and the de-facto complainant, due to which the petitioner and the other accused attacked the de-facto complainant and caused simple injuries and also demanded money from the de-facto complainant. Hence, the case.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent person, and is no way connected with the alleged occurrence. He further submitted that the co-accused in this case was arrested and released on bail.
4. The learned Government Advocate (Criminal Side) submitted that the coaccused was arrested in this case and subsequently, he was released on bail, and no one has sustained serious injury. There is no previous case against the petitioner.
5. Considering the facts and circumstances of the case, and considering the fact that there is no previous case against the petitioner, and also considering the fact that no one has sustained serious injury, and taking into account of the fact that the 2/5
co-accused has also been released on bail, this Court is inclined to enlarge the petitioner on anticipatory bail.
6. Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate Court No.1, Trichy 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 to the Police Officer, who intends to arrest or to the satisfaction of the learned Judicial Magistrate No.1, Trichy 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 Aadhar 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 thirty days and thereafter, as and when required for the 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 3/5
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 thereafter abscond, a fresh FIR can be registered under Section 269 of BNS.
sd/- 03/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.
MKN TO 1.THE JUDICIAL MAGISTRATE COURT NO.1, TRICHY.
2. THE CHIEF JUDICIAL MAGISTRATE, TRICHY.
3.THE INSPECTOR OF POLICE, FORT POLICE STATION, TRICHY CITY.
4/5
4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.S.RAMAKRISHNAN, Advocate ( SR-5908[I] dated 04/06/2025 )
ORDER
IN CRL OP(MD) No.9070 of 2025 Date :03/06/2025 PR/10.06 .2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5