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Madras High CourtCRL OP(MD)/9717/2025allowed

Atchudharaman v. The State Of Tamil Nadu

2025-07-07Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07.07.2025 PRESENT The Hon`ble Mr.Justice P.VADAMALAI Atchudharaman ... Petitioner/ Accused No.4 Vs The State of Tamil Nadu represented by The Sub Inspector of Police, Kullithalai Police Station, Karur District.

(Crime No.199 of 2025) ... Respondent/ Complainant For Petitioner : Mr.Porkodi Karnan, Advocate.

For Respondent : Mr.M.Karunanithi, Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Section 482 B.N.S.S. 1/6

PRAYER :- For Anticipatory Bail in Crime No.199 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused No.4, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 308(2), 318(4) and 351(2) BNS, 2023 in Crime No.199 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that earlier the defacto complainant lodged a complaint against the accused 1 to 3 and 5 for snatching his 2 sovereign of gold chain and the same came to be registered in Crime No.427 of 2019, due to which, on 15.03.2025, the petitioner along with other accused had threatened the defacto complainant and also demanded money from him. Hence, the case.

3. No doubt, the petitioner's earlier petition for anticipatory bail in Crl.O.P. (MD)No.6773 of 2025 was dismissed as withdrawn by this Court vide order dated 28.04.2025.

4. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He would further submit that the petitioner is no way connected with the case, a false case has been lodged as against the petitioner, that the petitioner is not an accused in Crime No.427 of 2019 and that the alleged occurrence 2/6

happened on 15.03.2025 but FIR was registered only on 29.03.2025. The petitioner is ready and willing to abide any conditions which may be imposed by this Hon'ble Court. Hence, he seeks anticipatory bail to the petitioner.

5. The learned Government Advocate (Criminal Side) appearing for the respondent would submit that there are totally 5 accused, the petitioner arrayed as A4 and that the petitioner along with other accused had demanded money from the defacto complainant. He would further submit that the first accused was already arrested and released on bail by the learned Judicial Magistrate No.2, Kulithalai in Crl.M.P.No.395 of 2025 vide order dated 20.06.2025. However, he opposed to grant anticipatory bail to the petitioner.

6. Considering the facts and circumstances of the case, and also considering the fact that the first accused was already released on bail and taking note of the facts that most of the investigation might have been completed by this time and that custodial interrogation of the petitioner is not necessary, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on anticipatory 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, Kulithalai on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- 3/6

(Rupees Twenty Five 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, Kulithalai 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 contact number to the Judicial Magistrate No.II, Kulithalai. In the event of any change in his residential address, the petitioner shall report the same to the Judicial Magistrate No.II, Kulithalai;

(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;

(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 4/6

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/- 07/07/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

CSM TO

1. The Judicial Magistrate No.II, Kulithalai.

2. Do through the Chief Judicial Magistrate, Karur District.

3. The Sub Inspector of Police, Kullithalai Police Station, Karur District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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+1 CC to M/s.M/S.POLAX LEGAL SOLUTIONS, Advocate ( SR-7203[I] dated 07/07/2025 )

ORDER

IN CRL OP(MD) No.9717 of 2025 Date :07/07/2025 PS/SAR.30.07.2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6