Siva Elango v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Siva Elango, S/o.Chandrasekaran Nadar ... Petitioner/Sole Accused Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Panagudi Police Station, Tirunelveli.

(Crime No.485 of 2025) ... Respondent/Complainant For Petitioner : Mr.Suresh P.,Advocate For Respondent : Mr.S.Prakash, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.485 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 329(3), 296(b), 324(4), 303(2) and 351(2) of BNS, 2023 in Crime No.485 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the de-facto complainant is employed in a 1/5

private company at Chennai. His father executed a sale deed in his favour in respect of a property situated at Perungudi Village, measuring 3 acres and 16 cents. Taking advantage of the de-facto complainant's absence due to his employment in Chennai, the petitioner/accused has been unlawfully harvesting tender coconuts from the defacto complainant's garden and selling them. When the de-facto complainant questioned this, the petitioner/accused allegedly issued life threats to him. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner and the de-facto complainant are brothers, and the present complaint has been lodged by the de-facto complainant due to an ongoing family dispute between them. The petitioner is an innocent person and has been falsely implicated in this case. He further submitted that the petitioner is ready to deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only) to show his bonafide and willing to abide by any condition to be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) submitted that the coconuts could not be recovered, as the petitioner had already sold them in the market. Hence, he opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, and also considering 2/5

the bonafide expressed by the petitioner, 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 Judicial Magistrate Court, Valliyoor 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 Judicial Magistrate Court, Valliyoor 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 deposit a sum of Rs.

20,000/- (Rupees Twenty Thousand only) to the credit of Crime No.485 of 2025 before the learned Judicial Magistrate, Valliyoor and on such deposit being made, the learned Judicial Magistrate, Valliyoor may transfer the said amount to a fixed deposit account in any one of the nationalized banks, and the entitlement to the amount shall be decided at the time of disposal of the case.

(c) the petitioner shall furnish his residential address and mobile number to 3/5

the learned Judicial Magistrate, Valliyoor. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate, Valliyoor;

(d) the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;

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

(f) the petitioner shall not abscond either during investigation or trial; (g) 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; (h) 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.

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mkn TO 1 THE JUDICIAL MAGISTRATE, VALLIYOOR.

2 DO THROUGH THE CHIEF JUDICIAL TIRUNELVELI DISTRICT. 3 THE INSPECTOR OF POLICE, PANAGUDI POLICE STATION, TIRUNELVELI. 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.P.SURESH, Advocate ( SR-6253[I] dated 12/06/2025 )

ORDER

IN CRL OP(MD) No.9785 of 2025 Date :12/06/2025 NBF/19.06.2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5