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Madras High CourtCRL OP(MD)/9318/2025allowed

S.Sandhosh Kumar v. The State Of Tamil Nadu

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 S.Sandhosh Kumar, S/o.Selvaraj ... Petitioner/A1 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Silaiman Police Station, Madurai District.

(Crime No.137 of 2025) ... Respondent/Complainant For Petitioner : Ms.P.Krishnaveni, Advocate For Respondent : Mr.Thanga Aravindh.B, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.137 of 2025 on the file of the Respondent Police. 1/5

ORDER : The Court made the following order :- The petitioner/A1, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 118(1), 309(4), 311 and 351

(3) of BNS, 2023 in Crime No.137 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 26.05.2025, the petitioner, along with the other accused persons, attacked the de-facto complainant, robbed a sum of Rs.800/-, and threatened him with dire consequences. Hence, the case.

3. The learned counsel for the petitioner submitted that due to previous enmity, the de-facto complainant has lodged a false complaint against the petitioner. The petitioner did not commit any offence as alleged by the prosecution. She further submitted that the petitioner is a student currently pursuing the 1st year of the LLB Program. Hence, she seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) submitted that 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 that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions. 2/5

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

(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;

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(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 / /06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

MKN TO 1 THE JUDICIAL MAGISTRATE NO.II, MADURAI.

2 THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3 THE INSPECTOR OF POLICE, SILAIMAN POLICE STATION, MADURAI DISTRICT.

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

+1. CC to P.KRISHNAVENI Advocate SR.No.6154 (I) DT.11/06/2025

ORDER

IN CRL OP(MD) No.9318 of 2025 Date :09/06/2025 NM/13.06.2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5