B Kalidoss v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02.07.2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI B.Kalidoss .. Petitioner/Accused No.1 Vs State of Tamil Nadu, Rep. by the Inspector of Police, Allinagaram Police Station, Theni District.

(in Crime No.109 of 2025) .. Respondent/Complainant For Petitioner : Mr.K.Raghul Priyan 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.109 of 2025 on the file of the Respondent Police.

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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), 115(2) and 351(3) of BNS Act, 2023 r/w 4 of TNPHW Act, in Crime No.109 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that there was a family dispute between the petitioner and the defacto complainant, as a result of which, the petitioner had attacked the defacto complainant and abused them in filthy language and caused dire consequences. Hence, the case.

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/A2 and A3 had already been granted anticipatory bail by this Court in Crl.OP(MD).No.9856 of 2025 dated 16.06.2025. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) submitted that the 2/6

injured person has been discharged from the hospital and the investigation is almost completed . He further submitted that co-accused had already been granted anticipatory bail by this Court. However, he opposed for grant of anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also the fact that the co-accused had already been granted anticipatory bail by this Court and the injured person has been discharged from the hospital and the investigation might have been completed, 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, Theni, 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, Theni, and on further conditions that: (a) the petitioner and the sureties shall affix their photographs and 3/6

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

(c) the petitioner shall report before the Inspector of Police, Palanichettipatti Police Station, daily at 05.00 p.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;

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

sd/- 02/07/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

msrm To 1.The Judicial Magistrate, Theni.

2.Do Through The Chief Judicial Magistrate, Theni. 3.The Inspector of Police, Allinagaram Police Station, Theni District.

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

Copy to The Inspector of Police, Palanichettipatti Police Station, Theni.

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+1 CC to M/s.K.RAGUL PRIYAN, Advocate ( SR-7098[I] dated 03/07/2025 )

ORDER

IN CRL OP(MD) No.11126 of 2025 Date :02/07/2025 PR/17.07 .2025 6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6