R.Mohan 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 1.R.Mohan 2.M.Sargunam 3.M.Harini 4.R.M.Harish ... Petitioners/Accused Nos.1 - 4 Vs The State represented by The Inspector of Police, Kulithalai Police Station, Kulithalai (TK), Karur (Dt).

(Crime No.268 of 2025) ... Respondent/Complainant For Petitioners :

Mr.M.Rajaraman For Respondent :

Mr.A.S.Abul Kalam Azad Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/5

PRAYER :- For Anticipatory Bail in Crime No.268 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners/accused nos.1 to 4 who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 118(1), 351(3) and 115(2) of BNS, in Crime No.268 2025, seek anticipatory bail.

2. The case of the prosecution is that due to previous enmity with regard to land dispute, the petitioners attacked the defacto complainant with stone and iron rod. Hence, the complaint.

3. The learned counsel for the petitioner submits that he is not pressing this petition in respect of 1st petitioner/Accused No.1 and he has also made an endorsement to that effect. Recording the same, this petition is dismissed in respect of 1st petitioner/Accused No.1.

4. In respect of Petitioner Nos.2 to 4, the learned counsel appearing for the petitioners submits that suit is pending in O.S.No.139 of 2023 before the learned District Munsif Court, Kulithalai. In order to wreak vengeance, all the family members were implicated in a false case and in fact, the defacto alone attacked the petitioners. For which, a complaint has been lodged against the defacto complainant in Crime No.267 of 2025 and the same is pending. Hence, he prays for grant of 2/5

anticipatory bail to the petitioners.

5. The learned Government Advocate (Crl.Side) appearing for the respondent Police submits that injured persons were only treated as Out-Patient.

6. Considering the fact that the injured persons were treated as Out-Patient and also the fact that there is a case in counter, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

7. Accordingly, the petitioners 2 to 4 are ordered to be released on anticipatory bail in the event of 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, Kulithalai, on condition that the petitioners 2 to 4 shall execute a bond for a sum of Rs.25,000/- (Rupees twenty five 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, on further condition that:

[a] if the petitioners 2 to 4 fail to surrender before the said Magistrate within a period of fifteen days, this order shall stand automatically cancelled; [b] the petitioners 2 to 4 shall report before the respondent police for a period of 30 days and as and when required for interrogation; [c]the petitioners 2 to 4 shall not tamper with evidence or witness either 3/5

during investigation or trial;

[d]the petitioners 2 to 4 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 petitioners 2 to 4 in accordance with law as if the conditions have been imposed and the petitioners 2 to 4 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.II, KULITHALAI.

2 THE CHIEF JUDICIAL MAGISTRATE KARUR DISTRICT.

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3.The Inspector of Police, Kulithalai Police Station, Kulithalai (TK), Karur (Dt).

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

+1 CC to M/s.M.RAJARAMAN, Advocate ( SR-5824[I] dated 29/05/2025 )

ORDER

IN CRL OP(MD) No.9160 of 2025 Date :28/05/2025 MK/04.06.2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5