B Kalidoss v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI B.Kalidoss, S/o.Balaguru ... Petitioner/A1 Vs The State of Tamil Nadu, Rep. by, the Inspector of Police, Allinagaram Police Station, Theni District.

(Crime No.110 of 2025) ... Respondent/Complainant For Petitioner : Mr.K.Raghul Priyan, Advocate For Respondent : Mr.S.Prakash, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.110 of 2025 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A1, who apprehends arrest at the hands of the respondent police 1/6

for the offences punishable under Sections 329(4), 296(b), 115(2), 118(1) and 351(3) of BNS, 2023 r/w. Section 4 of TNPHW Act in Crime No.110 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that based on information received from the daughter of the de-facto complainant's aunt that some persons had trespassed into their house, the de-facto complainant rushed there. When she questioned the accused persons, they abused them using filthy language, threatened them, and also assaulted them, thereby causing injury. Hence, the case.

3. The learned counsel appearing for the petitioner submitted that this is the second anticipatory bail application filed before this Court, and it is a case, case in counter. A case has also been registered against the de-facto complainant in Crime No.111 of 2025 on the file of the respondent police. He submitted that the petitioner is an innocent person and has not committed any offence as alleged by the prosecution, and is an practicing Advocate in Theni. He, however, submitted that the petitioner is willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail for the petitioner. 2/6

4. The learned Government Advocate (Criminal Side) submitted that there are three accused persons in this case and the petitioner has been arrayed as A1. A2 and A3 have been granted anticipatory bail by this Court on 10.06.2025 in Crl.O.P.(MD) No.9619 of 2025. There are seven previous cases registered against the petitioner. He further submitted that the injured has been discharged from the hospital. However, he opposed to grant anticipatory bail to the petitioner.

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 it is case, case in counter, and that the injured has been discharged from the hospital, and that the co-accused have been granted anticipatory bail by this Court, and that as the date of occurrence is 17.05.2025, by this time most of the investigation might have been completed, this court is inclined to grant anticipatory bail to the petitioner, with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Additional Mahila Court, 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 3/6

the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Judicial Magistrate, Additional Mahila Court, Theni, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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 Judicial Magistrate, Additional Mahila Court, Theni. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate, Additional Mahila Court, Theni; (c) the petitioner shall report before the Inspector of Police, PC Patti Police Station, Theni 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 4/6

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/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 01/07/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

mkn To 1.The Judicial Magistrate, Additional Mahila Court, Theni.

2.Do Through The Chief Judicial Magistrate, Theni District.

3.The Inspector of Police, Allinagaram Police Station, Theni District.

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

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Copy to The Inspector of Police, PC Patti Police Station, Theni.

+1 CC to M/s.K.RAGHUL PRIYAN, Advocate ( SR-7000[I] dated 01/07/2025 ) ORDER IN CRL OP(MD) No.10533 of 2025 Date :01/07/2025 SBN/22.07.2025 6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6