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Madras High CourtCRL OP(MD)/10055/2025allowed

Arunachalam v. The State Of Tamilnadu

2025-06-17Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Arunachalam, S/o.Lakshmana Konar, .. Petitioner/Accused No.1 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Cheranmahadevi Police Station, Tirunelveli District.

(Crime No.256 of 2025) .. Respondent/Complainant For Petitioner : Mr.C.Susi Kumar, 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.256 of 2025 on the file of the Respondent Police. 1/6

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 329(4), 296(b), 74, 351(2) of BNS of 2023 and Section 4 of TamilNadu Prohibition of Harassment of Women Act, 2002 in Crime No.256 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to money dispute between the defacto-complainant and the accused persons, on 20.05.2025 at about 10.15a.m, this petitioner trespassed into her house and abused the defacto-complainant by using filthy language. Hence, the case.

3. The learned counsel for the petitioner would submit that due to previous dispute regarding money dispute, the defacto-complainant created concocted story and lodged a false complaint against this petitioner. The petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. The petitioner is ready and willing to abide 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 there was 2/6

a money dispute between the defacto-complainant and the petitioner, due to which, the petitioner trespassed into the defacto-complainant's house and abused by using filthy language. Already the co-accused enlarged on anticipatory bail by way of order dated 12.06.2025 in Crl.O.P(MD).no.9808 of 2025. There is no previous case pending against the petitioner. However, he opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, and also considering the fact that no one sustained any injury property, the date of FIR is 23.05.2025, by this time most of the investigation might have been completed, only money dispute is pending between the parties, 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, Cheranmahadevi 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 3/6

of the Judicial Magistrate, Cheranmahadevi 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 contact number to the learned Judicial Magistrate, Cheranmahadevi. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate, Cheranmahadevi;

(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; 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/- 17/06/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

GVN TO 1.THE JUDICIAL MAGISTRATE, CHERANMAHADEVI.

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2.THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT.

3.THE INSPECTOR OF POLICE, CHERANMAHADEVI POLICE STATION, TIRUNELVELI DISTRICT.

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

+1 CC to M/s.C.SUSIKUMAR, Advocate ( SR-6479[I] dated 18/06/2025 )

ORDER

IN CRL OP(MD) No.10055 of 2025 Date :17/06/2025 PR/01.07 .2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6