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Madras High CourtCRL OP(MD)/9579/2025allowed

Saravanan v. The State Of Tamilnadu

2025-06-09Honourable Mr Justice P.Vadamalai5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Saravanan, S/o.Vengatraman ... Petitioner/Sole Accused Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Siruganur Police Station, Trichy District.

(Crime No.113 of 2025) ... Respondent/Complainant For Petitioner : Mr.K.Sivabalan, Advocate for M/s.Aran Legal Consultancy For Respondent : Mr.S.Prakash, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/5

PRAYER :- For Anticipatory Bail in Crime No.113 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 118(1) and 351

(3) of BNS, 2023 in Crime No.113 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that due to a land dispute, the petitioner attacked the de-facto complainant, who is his own brother, with a sickle. Hence, the case.

3. The learned counsel for the petitioner submitted that this is the second application for anticipatory bail before this Court. The petitioner is an innocent person and a false case has been foisted against him. He further submitted that the petitioner is ready to abide by any condition imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) submitted that there is no previous case against the petitioner, and the injured has been discharged from the hospital. However, he opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, and considering the fact 2/5

that there is no previous case against the petitioner, and in view of the change in circumstances, that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of his 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, Lalgudi on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) 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, Lalgudi and on further conditions that: (a) the petitioner 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 petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate, Lalgudi. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate, Lalgudi;

(c) the petitioner shall report before the Inspector of Police, Thuraiyur Police Station, Trichy District daily at 10.30 a.m., until further orders; 3/5

(d) the petitioner shall not tamper with evidence or witness either during investigation or trial;

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

sd/- 09/06/2025 / TRUE COPY / / /2024 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

MKN TO 1 THE JUDICIAL MAGISTRATE, LALGUDI.

2 THE CHIEF JUDICIAL MAGISTRATE, LALGUDI, TRICHY.

4/5

3 THE INSPECTOR OF POLICE, SIRUGANUR POLICE STATION, TRICHY DISTRICT.

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

COPY TO 5 THE INSPECTOR OF POLICE, THURAIYUR POLICE STATION, TRICHY DISTRICT.

+1. CC to M/S.ARAN LEGAL CONSULTANCY Advocate SR.No.6080 (I) DT.10/062025

ORDER

IN CRL OP(MD) No.9579 of 2025 Date :09/06/2025 NM/13.06.2025 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5