Sabari @ Sabarivasan 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 Sabari @ Sabarivasan ... Petitioner/Accused (Rank not known) Vs The State represented by The Inspector of Police, Mannachanallur Police Station, Trichy District.
(Crime No.61 of 2025) ... Respondent/Complainant For Petitioner : Mr.M.Pitchai Muthu For Respondent : Mr.A.S.Abul Kalam Azad Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.61 of 2025 on the file of the respondent police. 1/5
ORDER : The Court made the following order :- The petitioner/accused (rank now known), who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 191(3), 296(b), 324(2), 118(1) and 351(3) of BNS, in Crime No.61 2025, seek anticipatory bail.
2. The case of the prosecution is that on 09.03.2025 at about 11.00 a.m., the petitioner brought a Kuthuvilakku, which accidentally hit the defacto complainant. When the defacto complainant questioned the same, the petitioner abused him in filthy language. Immediately, the defacto complainant attacked him with a sword. Thereafter, the petitioner brought 40 members to the house of the defacto complainant and attacked him with bill hook. Hence, the complaint.
3. The learned counsel appearing for the petitioner submits that the petitioner is willing to abide by any conditions to be imposed by this Court. He therefore prays to grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent Police submits that the injured persons were discharged from hospital. He further 2/5
submits that part of the investigation has been over.
5. Considering the fact that the injured persons were discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner with 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.III, Trichy, on condition that the petitioner shall execute a bond for a sum of Rs.1,00,000/- (Rupees One Lakh 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 fail 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;
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[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 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.
GBG TO 1 THE JUDICIAL MAGISTRATE NO.III TRICHY.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TRICHY.
3 THE INSPECTOR OF POLICE, MANNACHANALLUR POLICE STATION, TRICHY DISTRICT.
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4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.9129 of 2025 Date :28/05/2025 SS/SAR- /03/06/2025/ 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5