Saran v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Saran, S/o.Chandran @ Udhayachandran ... Petitioner/A3 Vs The State of Tamil Nadu, Rep. by the Sub Inspector of Police, Kabisthalam Police Station, Thanjavur District.

(Crime No.161 of 2025) ... Respondent/Complainant For Petitioner : Mr.S.Sivailayaraja, Advocate For Respondent : Mr.S.Prakash, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/6

PRAYER :- For Anticipatory Bail in Crime No.161 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 296(b), 131, 132 and 351(2) of BNS, 2023 in Crime No.161 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 20.05.2025, during a temple festival, the accused appeared wearing a towel bearing the emblem of a political party and proclaimed his association with a prominent caste. When the de-facto complainant, who is a police personnel, requested him not to raise any such praise before the Car festival with the identity of political party and caste name, the accused allegedly used abusive language and manhandled the police officials, who are Government servants. Hence, the case.

3. The learned counsel for the petitioner submitted that this is the second anticipatory bail filed before this Court. The petitioner is an innocent person and a 2/6

false case has been foisted against the petitioner. He further submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) submitted that there are three accused persons in this case and the petitioner has been arrayed as A3. A1 and A2 were arrested and subsequently released on bail on 04.06.2025 by the learned Principal Sessions Judge, Thanjavur in Crl.M.P.No.2865 of 2025. He further submitted that no one sustained injury in this occurrence. However, he opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, and taking note of the fact that no one sustained any injuries, and that the co-accused have been arrested and subsequently released on bail, 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, Papanasam, Thanjavur 3/6

District 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, Papanasam, Thanjavur District 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, Papanasam, Thanjavur District. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate, Papanasam, Thanjavur District; (*) (c) the petitioner shall stay at Thanjavur and sign before the Inspector of Police, Thanjavur Taluk Police Station, Thanjavur District daily twice i.e. at 10.30 a.m. and 05.30 p.m., until further orders;

(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 4/6

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/- 17/06/2025 (*)CORRECTED AS PER THE ORDER OF THIS HON'BLE COURT DATED 04/07/2025 IN CRL OP(MD) No.9636 of 2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

TO BE SUBSITUTED WITH THE ORDER DATED 17/06/2025 ALREADY DESPATCHED.

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TO 1 THE JUDICIAL MAGISTRATE PAPANASAM, THANJAVUR DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE SUB INSPECTOR OF POLICE, KABISTHALAM POLICE STATION, THANJAVUR DISTRICT.

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

COPY TO:

THE INSPECTOR OF POLICE THANJAVUR TALUK POLICE STATION, THANJAVUR DISTRICT. +1 CC to M/s.S.SIVA ILAYARAJA, Advocate ( SR-6472[I] dated 18/06/2025 )

ORDER

IN CRL OP(MD) No.9636 of 2025 Date :17/06/2025 SS/SAR- /01/07/2025/ 6P/7C PS/SAR- /04/07/2025/ 6P/7C 6/6