Deivamani v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI and CRL MP(MD). No.7843 of 2025 Deivamani, S/o.Balakrishnan ... Petitioner/Accused Vs The State of Tamil Nadu, Rep. by, the Inspector of Police, Theppakulam Police Station, Madurai City.
(Crime No.317 of 2025) ... Respondent/Complainant For Petitioner : Mr.S.Muniyandi, Advocate For Respondent : Mr.S.Prakash, Government Advocate (Crl.Side) For Intervenor : Mr.M.Alaudheen, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/5
PRAYER :- For Anticipatory Bail in Crime No.317 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 191(2), 296(b), 115(2), 303(2) and 351(3) of BNS, 2023 in Crime No.317 of 2025 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on 12.05.2025, at about 6.15 p.m., when the de-facto complainant was speaking with his acquaintances near Theppakulam during the Chithirai Festival, the accused persons were consuming liquor in a public place. The de-facto complainant instructed them not to consume liquor in public during the festival. Provoked by this, the accused persons attacked the de-facto complainant, causing him injury. Hence, a case has been registered.
3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent and physically challenged person, and has not committed any offence as alleged by the prosecution. A false case has been foisted against the petitioner. He, however, submitted that the petitioner is willing to abide by any 2/5
conditions that may be imposed by this Court. Hence, he seeks anticipatory bail.
4. The learned counsel for the intervenor submitted that the accused brutally attacked the de-facto complainant, and it was the petitioner who snatched the gold chain weighing 3 sovereigns from the de-facto complainant. He further submitted that the gold chain has not yet been recovered, and if the accused is granted anticipatory bail, there is a possibility of tampering with witnesses and evidence. Hence, he strongly opposed to grant anticipatory bail to the petitioner.
5. The learned Government Advocate (Criminal Side) submits that the petitioner has been arrayed as A4 in this case. A6 was arrested and is still under custody, and A1, A2, A3 and A5 were arrested and subsequently released on bail. He further submitted that there are five previous cases registered against the petitioner, which are as follows :
Sl.
No.
FIR in Crime Number U/s.
1.
Cr.No.293 of 2024 379 of IPC and 21(1) of MMDR Act.
2.
Cr.No.228 of 2019 380, 454 & 457 IPC @ 380 & 457 of IPC.
3.
Cr.No.139 of 2022 394 of IPC.
4.
Cr.No.28 of 2021 379 of IPC @ 392 of IPC.
5.
Cr.No.77 of 2021 294(b) and 323 of IPC.
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Hence, he strongly opposed to grant anticipatory bail to the petitioner.
6. Taking into consideration the facts and circumstances of the case, the nature and gravity of the offence, the specific overt act against the petitioner, and considering the previous antecedents of the petitioner, and also taking note of the fact that the stolen property has not yet been recovered, this Court is not inclined to grant anticipatory bail to the petitioner at this stage.
7. Accordingly, this Criminal Original Petition is dismissed. Consequently, the connected Criminal Miscellaneous Petition is closed. sd/- 10/07/2025 / TRUE COPY / /08/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
MKN TO 1 THE INSPECTOR OF POLICE, THEPPAKULAM POLICE STATION, MADURAI CITY.
2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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ORDER
IN CRL OP(MD) No.9493 of 2025 Date :10/07/2025 NM/07.08.2025/ 5P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5