← Library
Madras High CourtCRL OP(MD)/9481/2025allowed

Chandran v. The State Of Tamil Nadu

2025-08-29Honourable Mr Justice P.Vadamalai8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Reserved on : 28.07.2025 Pronounced on : 29.08.2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Chandran, S/o.Nalli ... Petitioner/A3 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Kulithalai Police Station, Karur District.

(Crime No.186 of 2025) ... Respondent/Complainant For Petitioner : Mr.Saravanan.M, Advocate For Respondent : Mr.M.Karunanithi, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/8

PRAYER :- For Anticipatory Bail in Crime No.186 of 2025 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A3, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 61(2), 308(2), 318(4) and 351(2) of BNS, 2023 r/w. Section 4 of TNPHW Act in Crime No.186 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 20.02.2025, while the de-facto complainant, who is a Government employee, was in her father's fruit shop assisting him in his business, the petitioner, along with other accused, approached the shop, criminally intimidated her, and also demanded money from her. Hence, the present case. 2/8

3. The learned counsel for the petitioner submitted that this is the second anticipatory bail application filed before this Court. The petitioner is an innocent person and has not committed any offence as alleged by the prosecution. He has been falsely implicated in this case. He further submitted that the 1st accused was arrested and subsequently released on bail by this Court on 19.06.2025 in Crl.O.P. (MD)No.10187 of 2025, and the 5th accused was arrested and subsequently released on bail by the learned Vacation Sessions Judge, Karur on 09.05.2025 in Vacation Crl.M.P.No.21 of 2025. He, however, submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail for the petitioner.

4. The learned Government Advocate (Criminal Side) submitted that the petitioner has been 3/8

arrayed as A3 in this case. A1 was arrested and subsequently released on bail by this Court on 19.06.2025 in Crl.O.P.(MD)No.10187 of 2025, and A5 was arrested and subsequently released on bail by the learned Vacation Sessions Judge, Karur on 09.05.2025 in Vacation Crl.M.P.No.21 of 2025. He submitted that the de-facto complainant is the Junior Inspector of the Tamil Nadu Silk Development Department at Namakkal. The accused, identifying themselves as social activists, collected information about the de-facto complainant and demanded money, threatening to file a Public Interest Litigation against her. Hence, he opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, the nature of the offence allegedly committed by the petitioner, and also taking note of the fact that two of the co-accused were 4/8

arrested and subsequently released on bail, and that as the date of registration of FIR is 26.03.2025, by this time most of the investigation might have been completed, 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 No.II, Kulithalai, Karur District on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 No.II, Kulithalai, Karur District and 5/8

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 No.II, Kulithalai, Karur District. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate No.II, Kulithalai, Karur District;

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

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

6/8

(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.

(P V M J) 29.08.2025 (1/11) mkn 7/8

P. VADAMALAI,J mkn TO 1.The Judicial Magistrate No.II, Kulithalai, Karur District.

2.The Inspector of Police, Kulithalai Police Station, Karur District.

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

Pre-Delivery order made IN CRL OP(MD) No.9481 of 2025 Date : 29/08/2025 (1/11) 8/8