Madras High CourtCRL OP(MD)/9900/2025allowed

Kamatchi Alias Arjunan v. State Of Tamilnadu Rep By Inspector Of Police, Alanganallur

2025-06-16Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI 1.Kamatchi @ Arjunan, S/o.Mahalingam 2.Srihari @ Harish, S/o.Kamatchi @ Arjunan ... Petitioners/A1 & A2 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Alanganallur Police Station, Madurai District.

(Crime No.190 of 2025) ... Respondent/Complainant For Petitioners : Mr.S.Muthu Malai Raja, Advocate For Respondent : Mr.M.Karunanithi, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.190 of 2025 on the file of the Respondent Police. 1/6

ORDER : The Court made the following order :- The petitioners/A1 & A2, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 126(2), 115(2), 118(1) and 351(3) of BNS, 2023 in Crime No.190 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on 18.05.2025, at about 3:00 p.m., when the de-facto complainant was discussing his family issues with the village elders, the 1st petitioner approached and abused him in filthy language, and assaulted him. Thereafter, while the de-facto complainant was on his way to a tea stall along with the village elders, the 1st petitioner and the 2nd petitioner, who is the son of the 1st petitioner, allegedly waylaid the de-facto complainant, assaulted him with a wooden log, and also threatened him with dire consequences. Hence, the case.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and are in no way connected with the alleged occurrence as alleged by the prosecution. They have been falsely implicated in this case. Due to previous enmity between the families of the petitioners and the de-facto complainant, the de-facto complainant has lodged a false complaint against the 2/6

petitioners. He further submitted that the petitioners are ready to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) submitted that there are totally two accused persons in this case. He further submitted that the injured sustained a simple injury and has been discharged from the hospital. However, he opposed to grant anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case, and 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 petitioners, subject to certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate, Vadipatti, Madurai District on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to 3/6

arrest or to the satisfaction of the Judicial Magistrate, Vadipatti, Madurai District and on further conditions that:

(a) the petitioners 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 petitioners shall furnish their residential address and mobile number to the learned Judicial Magistrate, Vadipatti, Madurai District. In the event of any change in their residential address, the petitioners shall report the same to the learned Judicial Magistrate, Vadipatti, Madurai District; (c) the petitioners shall report before the respondent police daily at 10.30 a.m., until further orders;

(d) the petitioners shall not tamper with evidence or witness either during investigation or trial;

(e) the petitioners shall not abscond either during investigation or trial; 4/6

(f) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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/- 16/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

MKN TO 1.THE JUDICIAL MAGISTRATE, VADIPATTI, MADURAI DISTRICT. 2.THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3.THE INSPECTOR OF POLICE, ALANGANALLUR POLICE STATION, MADURAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.9900 of 2025 Date :16/06/2025 PR/26.06 .2025 6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6