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Madras High CourtCRL OP(MD)/9381/2025allowed

Vignesh v. The State Of Tamil Nadu

2025-06-05Honourable Mr Justice P.Vadamalai5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Vignesh, S/o.Singamugam ... Petitioner/Sole Accused Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Devakottai Taluk Police Station, Sivagangai District.

(Crime No.198 of 2025) ... Respondent/Complainant For Petitioner : Mr.V.Vijayendiran, Advocate For Respondent : Mr.M.Karunanithi, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.198 of 2025 on the file of the Respondent Police. 1/5

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 118(1), 351(3) and 324(4) of BNS in Crime No.198 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that due to previous enmity, the petitioner went to the house of the de-facto complainant and picked up quarrel with him and attacked him with filthy language and also threatened him with dire consequences. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person, and is no way connected with the alleged occurrence as stated by the prosecution, and due to civil dispute between the petitioner and the de-facto complainant, a false case has been foisted against the petitioner. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) submitted that there are four previous cases of a similar nature against the petitioner, and the injured has been discharged from the hospital. However, he opposed to grant anticipatory bail 2/5

to the petitioner.

5. Considering the facts and circumstances of the case, and also taking into account of the fact that injured has been discharged from the hospital, this Court is inclined to enlarge the petitioner on anticipatory bail.

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, Devakottai, Sivagangai 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, Devakottai, Sivagangai 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 report before the respondent police daily twice, at 10.30 a.m. and 05.30 p.m., until further orders;

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

(d) the petitioner 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 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; (f) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 05/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1.THE JUDICIAL MAGISTRATE, DEVAKOTTAI, SIVAGANGAI DISTRICT.

2.THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3.THE INSPECTOR OF POLICE, DEVAKOTTAI TALUK POLICE STATION, SIVAGANGAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.9381 of 2025 Date :05/06/2025 PR/12.06 .2025 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5