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Madras High CourtCRL OP(MD)/9941/2025allowed

Jegadeesan Alias Jegadeeswaran v. The State Of Tamilnadu

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 CRL OP(MD). Nos.9941 & 9954 of 2025 Jegadeesan @ Jegadeeswaran ... Petitioner in of 2025/A2 Pathu @ Palaniselvam ... Petitioner in Crl.O.P.(MD).No.9954 of 2025/A3 Vs The State of Tamilnadu, Rep by the Inspector of Police, Aranthangi Police Station, Pudukkottai District.

(Crime No.234 of 2025) ... Respondent/Complainant in both petitions 1/6

For Petitioners : Mr.Prasanna R., (in both petitions) Advocate For Respondent : Mr.M.Karunanithi, (in both petitions) Government Advocate (Criminal Side) COMMON PRAYER :- For Anticipatory Bail in Crime No.234 of 2025 on the file of the respondent Police. COMMON ORDER : The Court made the following order :- The petitioners/A2 and A3, who apprehend arrest at the hands of the respondent police for the offences punishable under sections 296(b), 115(2), 109 and 351(3) of BNS, 2023 in Crime No.234 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the de-facto complainant lodged a complaint stating that on 26.05.2025 at around 08.00 hours, while he and his friends were conversing near Aliyanilai Village, the accused persons arrived on a bike carrying sand filled in sacks. The de-facto complainant and his friends stopped them, seized the sandbags, and chased them away. The further case of the prosecution is that on the same day, at about 14.30 hours, while the de-facto complainant and three of his friends were standing near a banyan tree at Oothukuli, the accused persons 2/6

returned to the spot and verbally abused the de-facto complainant in filthy language. Thereafter, the accused assaulted the de-facto complainant on his hand with a long knife and subsequently threatened him and his companions. Hence, the case.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He also submitted that a false case has been foisted against the petitioners, and that the petitioners were not present at the spot at the time of the assault and had fled the scene upon sensing the dispute. He further submitted that the 1st accused in this case was arrested and subsequently released on bail on 12.06.2025 by this Court in Crl.O.P.(MD)No.9831 of 2025. Hence, he seeks anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) submitted that there are totally three accused persons in this case and the petitioners have been arrayed as A2 and A3. A1 was arrested and subsequently released on bail by this Court. He further submitted that the injured was admitted in the hospital and discharged on 06.06.2025. However, he opposed to grant anticipatory bail to the petitioners. 3/6

5. Taking into consideration of the facts and circumstances of the case and the nature of the offence, and taking note of the fact that the co-accused was arrested and subsequently released on bail by this Court, and 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 arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Aranthangi, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each 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, Aranthangi, failing which, the petitions for anticipatory bail shall stand dismissed and on further condition 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, Aranthangi. In the event of any change in their 4/6

residential address, the petitioners shall report the same to the learned Judicial Magistrate, Aranthangi;

(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; (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 themselves 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/petitioners 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.

MKN 5/6

TO 1 THE JUDICIAL MAGISTRATE ARANTHANGI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE PUDUKKOTTAI DISTRICT.

3 THE INSPECTOR OF POLICE, ARANTHANGI POLICE STATION, PUDUKKOTTAI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.R.PRASANNA, Advocate ( SR-6451[I] dated 18/06/2025 )

ORDER

IN CRL OP(MD). Nos.9941 & 9954 of 2025 Date :16/06/2025 SS/SAR- /01/07/2025/ 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6