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Madras High CourtCRL OP(MD)/9189/2025allowed

Prasath v. The State Of Tamil Nadu

2025-06-04Honourable Mr Justice P.Vadamalai5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI 1.Prasath, S/o.Selvam 2.Karnan, S/o.Subramanian 3.Lakshmi, W/o.Karnan 4.Sujithkumar, S/o.Karnan ... Petitioners/A1 to A4 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, S.V.Mangalam Police Station, Sivagangai District.

(Crime No.70 of 2025) ... Respondent/Complainant For Petitioners : Mr.M.Suresh, Advocate For Respondent : Mr.S.Prakash, Government Advocate (Criminal Side) 1/5

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.70 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 126(1), 296(b), 115(2), 118(2) and 351(3) of BNS, 2023 in Crime No.70 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on 25.05.2025, when the de-facto complainant was going by car to his firm, the petitioners intercepted him and abused him in filthy language and also assaulted him with dire consequences. Hence, the case.

3. The learned counsel for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution. He further submits that it is a case, case in counter. The 2nd petitioner herein has also lodged a complaint in Crime No.69 of 2025 on the file of the respondent police against the de-facto complainant herein and another. Hence, he seeks anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) submitted that the injured was admitted on 25.05.2025 and subsequently discharged on 30.05.2025. He 2/5

further submitted that there is no previous case against the petitioners.

5. Considering the facts and circumstances of the case, and considering the fact that the injured has been discharged from the hospital, and also considering the fact that there is no previous case against the petitioners, this Court is inclined to enlarge the petitioners on anticipatory bail.

6. Accordingly, the petitioners 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 District Munsif cum Judicial Magistrate Court, Singampunari, Sivagangai District on condition that the petitioners 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 to the Police Officer, who intends to arrest or to the satisfaction of the District Munsif cum Judicial Magistrate Court, Singampunari, Sivagangai District and on further conditions that:

(a) the petitioners 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 petitioners shall report before the respondent police daily at 10.30 a.m., until further orders;

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(c) the petitioners shall not tamper with evidence or witness either during investigation or trial;

(d) the petitioners 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 in accordance with law as if the conditions have been imposed and the petitioners 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 BNS.

sd/- 04/06/2025 / 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE COURT, SINGAMPUNARI, SIVAGANGAI DISTRICT.

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2 THE INSPECTOR OF POLICE, S.V.MANGALAM POLICE STATION, SIVAGANGAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.9189 of 2025 Date :04/06/2025 NM/11.06.2025 5P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5