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Madras High CourtCRL OP(MD)/10022/2025allowed

K Magendran v. The State Of Tamilnadu

2025-08-11Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/08/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI K.Magendran, S/o.Kaliraj ... Petitioner/A1 Vs The State of Tamil Nadu, Rep. by, the Inspector of Police, Courtallam Police Station, Tenkasi District.

(Crime No.206 of 2025) ... Respondent/Complainant For Petitioner : Mr.K.Karansingh, Advocate For Respondent : Mr.S.Prakash, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.206 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 1/6

the offences punishable under Sections 191(2), 296(b), 115(2), 308(4) and 351(3) of BNS, 2023 in Crime No.206 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 08.05.2025, at about 01.30 a.m., while the de-facto complainant was working at the tollgate near five falls, Courtallam, the petitioner, along with other accused, arrived in a black jeep bearing Registration No.TN-18-BN-64763. They allegedly abused the de-facto complainant, forced him into the vehicle at knifepoint, drove him to another location, extorted a sum of Rs.2,000/- from him, and also assaulted him. Hence, a case was registered.

3. The learned counsel appearing for the petitioner submitted that this is the second anticipatory bail application filed before this Court. The petitioner is an innocent person and is in no way connected with the alleged offence as stated by the prosecution. He has been falsely implicated in this case. He further submitted that A2 was granted anticipatory bail by this Court on 22.05.2025 in Crl.O.P.(MD)No.8931 of 2025, and A3 was granted anticipatory bail by the learned Vacation Sessions Judge, Tenkasi on 20.05.2025 in Cr.M.P.No.1317 of 2025, and A4 & A5 were arrested and subsequently released on bail by the learned District Munsif cum Judicial Magistrate, Shencottah, in Cr.M.P.Nos.198 and 199 of 2025, on 12.05.2025 and 13.05.2025, respectively. He, however, submitted that the petitioner is willing to abide by any 2/6

conditions that may be imposed by this Court. Hence, he seeks anticipatory bail.

4. The learned Government Advocate (Criminal Side) submitted that there are totally five accused persons in this case and the petitioner has been arrayed as A1. A2 was granted anticipatory bail by this Court on 22.05.2025 in Crl.O.P.(MD)No.8931 of 2025, and A3 was granted anticipatory bail by the learned Vacation Sessions Judge, Tenkasi on 20.05.2025 in Cr.M.P.No.1317 of 2025, and A4 & A5 were arrested and subsequently released on bail by the learned District Munsif cum Judicial Magistrate, Shencottah in Cr.M.P.Nos.198 and 199 of 2025 on 12.05.2025 and 13.05.2025, respectively. He further submitted that the injured has been discharged from the hospital. However, he opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration the facts and circumstances of the case, the nature of the offence, and taking note of the fact that even after the dismissal of the earlier anticipatory bail application as against the petitioner, the respondent police has not taken any effective steps to secure the petitioner, and that the injured has been discharged from the hospital, and that two of the co-accused were arrested and subsequently released on bail, and two of the co-accused were granted anticipatory bail, and that as the date of registration of FIR is 09.05.2025, by this time most of the investigation might have been completed, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions. 3/6

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Shencottah, Tenkasi 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 the police officer who intends to arrest or to the satisfaction of the learned Judicial Magistrate, Shencottah, Tenkasi District, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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, Shencottah, Tenkasi District. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate, Shencottah, Tenkasi District;

(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 4/6

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 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/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 11/08/2025 / TRUE COPY / /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, Shencottah, Tenkasi District . 2.The Inspector of Police, Courtallam Police Station, Tenkasi District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.K.KARANSINGH, Advocate ( SR-8681[I] dated 11/08/2025 ) 5/6

ORDER

IN CRL OP(MD) No.10022 of 2025 Date :11/08/2025 NBF/SAR- /28/08/2025/ 6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6