Jayakumar v. State Of Tamilnadu Rep By Inspector Of Police, Vanniyampatti Vilakku
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Jayakumar, (M/25 years) S/o.Poolar .. Petitioner/Accused No.2 Vs The State of Tamilnadu Rep. by the Inspector of Police, Vanniyampatti Vilakku Police Station, Virudhunagar District.
(Crime No.112 of 2025) .. Respondent/Complainant For Petitioner : Mr.M.Pandian 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.112 of 2025 on the file of the Respondent Police. 1/5
ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 118(1), 115(2), 324(4), 351(3) BNS & Section 4 of TNPHW Act, in Crime No.112 of 2025 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on 16.05.2025 at 7.15 p.m., when the defacto complainant and his wife were running a panipuri shop at that time, the petitioner and his brother came there and after eating panipuri without giving money to the defacto complainant and abused him in filthy language, attacked him and damaged the shop and caused injuries. Hence, the complaint.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that co-accused/A1 was arrested and thereafter he released on bail. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Hon'ble Court. Hence, he seeks anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side) submitted that the injured person was treated as out-patient in the hospital and there is no previous case pending as against the petitioner. However, he vehemently opposed for grant 2/5
of anticipatory bail to the petitioner.
5. Considering the facts and circumstances of the case and also the fact that coaccused was arrested and thereafter, he released on bail and there is no previous case pending as against 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 learned Additional Mahila Court-II, Virudhunagar 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 to the Police Officer, who intends to arrest or to the satisfaction of the learned Additional Mahila Court-II, Virudhunagar District, 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 Additional Mahila Court-II, Virudhunagar District, In the event of any change in his residential address, the petitioner shall report the same to the learned 3/5
Additional Mahila Court-II, Virudhunagar 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 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 thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.
sd/- 16/06/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
msrm To 1.The Additional Mahila Judge - II, Virudhunagar District. 4/5
2.The Inspector of Police, Vanniyampatti Vilakku Police Station, Virudhunagar District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.9898 of 2025 Date :16/06/2025 HPS/03.07.2025 /5P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5