Eswara Pandiyan Alias Eswarapandi v. The State Of Tamilnadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Eswara Pandiyan @ Eswarapandi, S/o.Selvam ... Petitioner/Sole Accused Vs The State of Tamil Nadu, Rep. by the Sub Inspector of Police, Ammayanaickanur Police Station, Dindigul District.

(Crime No.103 of 2025) ... Respondent/Complainant For Petitioner :

Ms.Bharkavi.V, Advocate For Respondent :

Mr.M.Karunanithi, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/5

PRAYER :- For Anticipatory Bail in Crime No.103 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Sole Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 118(1) and 351(3) of BNS, 2023 in Crime No.103 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 21.05.2025, at about 7:00 p.m., the defacto complainant, along with his wife, went to his wife's grandmother's house. At that time, the petitioner approached and asked for money from his wife's maternal uncle, one Chinnasamy. Chinnasamy told the petitioner to go to his house and assured him that he would bring the money. Later, when Chinnasamy and the defacto complainant went to the petitioner's house, the petitioner allegedly abused Chinnasamy in filthy language and assaulted him with his hands. When the de-facto complainant questioned this act, the petitioner is said to have abused him as well in filthy language and assaulted him with hands and a stone, causing injuries, and also threatened him with dire consequences. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and has not committed any offence as alleged by the prosecution. 2/5

He has been falsely implicated in this case. He however submits that the petitioner is ready to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) submitted that the injured was admitted to Dindigul Government Hospital and was discharged on 01.06.2025. However, he opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, and also taking into account of the fact that the injured has been discharged from the hospital, 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, Nilakottai 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, Nilakottai 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; 3/5

(b) the petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate, Nilakottai. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate, Nilakottai;

(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 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; 4/5

(g) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 16/06/2025 / 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, NILAKOTTAI.

2 THE CHIEF JUDICIAL MAGISTRATE DINDIGUL DISTRICT.

3.The Inspector of Police, Ammayanaickanur Police Station, Dindigul District.

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

ORDER

IN CRL OP(MD) No.9912 of 2025 Date :16/06/2025 MK/30.06.2025 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5