Solaimalai v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28.05.2025 PRESENT THE HONOURABLE MS. JUSTICE R.POORNIMA Solaimalai

...Petitioner/ Accused Rank Not Known

Vs The State of Tamilnadu Rep. by the Inspector of Police, Pattiveeranpatti Police Station, Dindigul District.

(Crime No. Not known of 2025).

... Respondent/Complainant For Petitioners :

Mr.S.Madhan Kumar For Respondent :

Mrs.M.Aasha Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No. Not Known of 2025 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused (rank not known), who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b) 1/4

and 351(2) of BNS, 2023 and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act in Crime No. Not Known of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant is running a tea shop, and the petitioner came to the shop, consumed a snack, created a disturbance, abused the defacto complainant using filthy language, and threatened to damage the tea shop. Hence, the case.

3. The learned counsel for the petitioner submitted that there is a wordy quarrel between the petitioner and the defacto complainant and there is no injury sustained by the defacto complainant. He also assured that the petitioner is ready to co-operate with the investigation and will not hamper or tamper with the evidence. Hence, he prayed that this petition be allowed.

4. The learned Government Advocate (Criminal Side) for the respondent police submitted that no one was injured and she concurred with the submission of the learned counsel for the petitioner that the petitioner is willing to co-operate with the investigation.

5. Taking into consideration the facts and circumstances of the case, as well as the assurance given by the learned counsel for the petitioner, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions. 2/4

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 District Munsif cum Judicial Magistrate Court, Nilakottai, 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; [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 petitioner released on bail by the 3/4

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.

Nsr To:

1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, NILAKOTTAI.

2 THE CHIEF JUDICIAL MAGISTRATE DINDIGUL DISTRICT.

3. The Inspector of Police, Pattiveeranpatti Police Station, Dindigul District.

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

ORDER

IN CRL OP(MD) No.9127 of 2025 Date :28/05/2025 MK/03.06.2025 4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4