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Madras High CourtCRL OP(MD)/9218/2025allowed

R.Veeraiah @ Sankar 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.R.Veeraiah @ Sankar, S/o.Late V.Raju 2.P.Rajadurai, S/o.Poovalingam ... Petitioners/A1 & A2 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, S.V.Mangalam Police Station, Sivagangai District.

(Crime No.69 of 2025) ... Respondent/Complainant For Petitioners : Mr.S.Jayakumar, Advocate 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.69 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 189(1), 296(b), 115(2), 118(2) and 351(3) of BNS, 2023 in Crime No.69 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on 25.05.2025 at about 1.00 p.m., when the de-facto complainant was doing agricultural work on his land, the petitioners, along with six known persons, armed with Bamboo stick, iron rod and sickle, using obscene words attacked the de-facto complainant. When the de-facto complainant's son tried to restrain the petitioners, they attacked him too, and when the de-facto complainant's brother-in-law came to rescue him, he was also attacked by the 2nd petitioner. Hence, the case.

3. The learned counsel for the petitioners submitted that it is a case, case in counter. The 1st petitioner herein has also lodged a complaint in Crime No.70 of 2025 on the file of the respondent police against the de-facto complainant herein and 3 others. He further submits that the petitioners have no previous antecedents, and the respondent police has purposely foisted a false case against the petitioners. 2/5

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 further submitted that there is no previous case against the petitioners. However, he objects to grant anticipatory bail.

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 3/5

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;

(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 of 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.

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TO 1.THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, SINGAMPUNARI, SIVAGANGAI DISTRICT.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

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

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

+1 CC to M/s.S.JAYAKUMAR, Advocate ( SR-5924[I] dated 04/06/2025 )

ORDER

IN CRL OP(MD) No.9218 of 2025 Date :04/06/2025 HPS/06.06.2025 /5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5