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Madras High CourtCRL OP(MD)/9078/2025partly allowed

Jeyakumar v. The State Of Tamilnadu

2025-06-13Honourable Mr Justice P.Vadamalai7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI and CRL MP(MD). No.7017 of 2025 1.Jeyakumar, S/o.Ganesan 2.Paul Manohar, S/o.Chellaiah 3.Sionraj, S/o.Kamalraj ... Petitioners/A1, A3 & A4 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Thoothukudi Central Police Station, Thoothukudi.

(Crime No.167 of 2025) ... Respondent/Complainant For Petitioners : Mr.T.A.Ebenezer, Advocate For Respondent : Mr.S.Prakash, 1/7

Government Advocate (Criminal Side) For Intervenor : Mr.Balasubramanian.V PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.167 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/A1, A3 and A4, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 118(1) and 351(3) of BNS, 2023 in Crime No.167 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on 19.05.2025, the de-facto complainant, who is a bank manager, along with his office assistant, went to the residence of the 1st accused to collect the unpaid dues. He requested the persons in the house to pay the dues and then left the place. Thereafter, at around 6.30 p.m., the 1st accused, along with the other accused persons, went to the bank and engaged in a verbal altercation with the de-facto complainant, questioning his visit regarding the 2/7

payment of dues. The 1st petitioner/A1, along with his brother/A2, assaulted the defacto complainant using the hose of a fire extinguisher and also threatened him with dire consequences. Hence, the case.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and have not involved in any occurrence as alleged by the prosecution. The de-facto complainant visited the residence of the 1st accused and allegedly used offensive and inappropriate language in Hindi towards the women present in the house. There was only wordy quarrel between the petitioners and the de-facto complainant. Hence, he seeks anticipatory bail to the petitioners.

4. The learned counsel for the intervenor submitted that following the incident, the de-facto complainant was admitted to the Government Hospital, Thoothukudi, for treatment and was discharged on 19.05.2025. As the de-facto complainant is a native of Karnataka and his family resides there, he has now been admitted to a hospital in Karnataka, where he is currently undergoing treatment. Hence, he strongly opposed to grant anticipatory bail to the petitioners.

5. The learned Government Advocate (Criminal Side) submitted that there are 3/7

totally four accused persons in this case and the petitioners have been arrayed as A1, A3 and A4. He further submitted that there are four previous cases against the 1st accused. Hence, he opposed to grant anticipatory bail to the petitioners.

6. Considering the facts and circumstances of the case, and considering the fact that the injured is still undergoing treatment at Karnataka, and considering the specific overt act against the 1st petitioner/A1, this Court is not inclined to grant anticipatory bail to the 1st petitioner. However, considering the limited overt act against the petitioner Nos.2 and 3/A3 and A4, this Court is inclined to grant anticipatory bail to petitioner Nos.2 and 3, subject to certain conditions.

7. Accordingly, petitioner Nos.2 and 3 are ordered to be released on bail in the event of their arrest or on their 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, Thoothukudi on condition that petitioner Nos.2 and 3 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 to the Police Officer, who intends to arrest or to the satisfaction of the learned Judicial Magistrate No.II, Thoothukudi and on further conditions that:

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(a) petitioner Nos.2 & 3 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) petitioner Nos.2 & 3 shall furnish their residential address and mobile number to the learned Judicial Magistrate No.II, Thoothukudi. In the event of any change in their residential address, petitioner Nos.2 & 3 shall report the same to the learned Judicial Magistrate No.II, Thoothukudi; (c) petitioner Nos.2 & 3 shall report before the respondent police daily at 10.30 a.m., until further orders;

(d) petitioner Nos.2 & 3 shall not tamper with evidence or witness either during investigation or trial;

(e) petitioner Nos.2 & 3 shall not abscond either during investigation or trial; (f) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against petitioner Nos.2 & 3 in accordance with law as if the conditions have been imposed and petitioner Nos.2 & 3 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;

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

8. Accordingly, this Criminal Original Petition is dismissed as against the 1st petitioner and allowed as against petitioner Nos.2 & 3. Consequently, the connected Criminal Miscellaneous Petition is closed.

sd/- 13/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

mkn TO 1.THE JUDICIAL MAGISTRATE II, THOOTHUKUDI.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.

3.THE INSPECTOR OF POLICE, THOOTHUKUDI CENTRAL POLICE STATION, THOOTHUKUDI.

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

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ORDER

IN CRL OP(MD) No.9078 of 2025 AND CRL MP(MD). No.7017 of 2025 Date :13/06/2025 HPS/23.06.2025 /7P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7