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Madras High CourtCRL OP(MD)/9589/2025allowed

Ananthan @ Ananthakumar v. The State Of Tamilnadu Rep. By

2025-06-10Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Ananthan @ Ananthakumar, S/o.Bose ... Petitioner/Sole Accused Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Gandamanur Police Station, Theni District.

(Crime No.64 of 2025) ... Respondent/Complainant For Petitioner : Mr.M.Prabhu, 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.64 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), 132, 115(2) and 351(2) of BNS, 2023 in Crime No.64 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 11.04.2025, at about 04.00 p.m., when the de-facto complainant and other workers were changing the street light, the father of the petitioner made a complaint over mobile phone that the power fuse of the transformer has blown. The de-facto complainant reached the spot and found that the fuse is alright. While so, the petitioner came to the spot and quarrelled with the de-facto complainant regarding the delay in fixing the electrical fault and abused the de-facto complainant in filthy language and attacked him with hands. Hence, the case.

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3. The learned counsel for the petitioner submitted that this is the second application for anticipatory bail before this Court. The petitioner did not commit any offence as alleged by the prosecution and a false case has been foisted against him. He, however, submitted that the petitioner is ready to abide by any conditions imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) submitted that the defacto complainant was admitted in the hospital on 11.04.2025 and discharged on 16.04.2025. He further submitted that the petitioner has one previous case. Hence, he opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, and considering the fact that even after the dismissal of the earlier anticipatory bail application, the respondent police has not taken any effective steps to secure the accused, and considering the fact that the injured has been discharged from the hospital, and also considering the fact that as the date of occurrence is 11.04.2025, by this time most of the investigation would likely have been completed, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions. 3/6

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, Aundipatti, Theni 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 the learned Judicial Magistrate, Aundipatti, Theni 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, Aundipatti, Theni District. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate, Aundipatti, Theni District; (c) the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;

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(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/- 10/06/2025 / 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 JUDICIAL MAGISTRATE, AUNDIPATTI, THENI DISTRICT.

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

3.THE INSPECTOR OF POLICE, GANDAMANUR POLICE STATION, THENI DISTRICT.

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

ORDER

IN CRL OP(MD) No.9589 of 2025 Date :10/06/2025 HPS/19.06.2025 /6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6