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Madras High CourtCRL OP(MD)/9728/2025allowed

Surya v. The State Of Tamilnadu

2025-06-12Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Surya, S/o.Anbuchiezhian ... Petitioner/A1 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Thangachimadam Police Station, Ramanthapuram District.

(Crime No.47 of 2025) ... Respondent/Complainant For Petitioner : Mr.T.Veerakumar, 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.47 of 2025 on the file of the Respondent Police. 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 189(2), 296(b), 115(2), 118(1) and 351(3) of BNS, 2023 in Crime No.47 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that both the petitioner and the de-facto complainant are running flex shops. On 04.06.2025, due to business-related reasons, a quarrel arose between the parties. It is alleged that the petitioner, along with other accused, verbally abused and assaulted the de-facto complainant and his associates. 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. He further submitted that the petitioner is willing to abide by any 2/6

conditions to be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) submitted that there are totally six accused persons in this case and the petitioner has been arrayed as A1. There is no previous case against the petitioner. He further submitted that no one was injured in the incident. However, he opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, and taking into account of the fact that there is no previous case against the petitioner, and also considering the fact that no one sustained any injuries in the incident, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

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, Rameshwaram 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 3/6

satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Judicial Magistrate, Rameshwaram 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, Rameshwaram. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate, Rameshwaram;

(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 4/6

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/- 12/06/2025 / 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, RAMESHWARAM.

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

3.THE INSPECTOR OF POLICE, THANGACHIMADAM POLICE STATION, RAMANTHAPURAM DISTRICT.

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

+1 CC to M/s.T.VEERAKUMAR, Advocate ( SR-6266[I] dated 13/06/2025 ) 5/6

ORDER

IN CRL OP(MD) No.9728 of 2025 Date :12/06/2025 HPS/20.06.2025 /6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6