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Madras High CourtCRL OP(MD)/10097/2025allowed

Loganathan v. The State Of Tamilnadu

2025-06-25Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI 1.Loganathan, S/o.Perumalsamy 2.Sangeetha, W/o.Loganathan ... Petitioners/A1 & A2 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Ayakudi Police Station, Dindigul District.

(Crime No.120 of 2025) ... Respondent/Complainant For Petitioners : Mr.D.Venkatesh, Advocate For Respondent : Mr.S.Prakash, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/6

PRAYER :- For Anticipatory Bail in Crime No.120 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/A1 & A2, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 118(1), 351(3) and 303(2) of BNS, 2023 r/w. Section 4 of TNPHW Act in Crime No.120 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that while the de-facto complainant was cleaning the land belonging to her brother, the accused persons picked a quarrel with her, questioning how she could dispose of waste on their land. During the quarrel, the accused abused the de-facto complainant using filthy language, assaulted her with weapons, and also threatened her with dire consequences. Hence, the present case.

3. The learned counsel for the petitioners submitted that the allegations levelled against the petitioners are false. In fact, it was the de-facto complainant who attacked the petitioners when they questioned her activities in their land. Therefore, the 2nd petitioner lodged a complaint against the de-facto complainant in Crime No.119 of 2025 on the file of the respondent police. The petitioners are innocent 2/6

persons and have been falsely implicated in this case. He further submitted that in respect of the said F.I.R., the de-facto complainant filed an anticipatory bail application before this Court, and the same was allowed by this Court on 20.06.2025 in Crl.O.P.(MD)No.10280 of 2025. Hence, he seeks anticipatory bail for the petitioners.

4. The learned Government Advocate (Criminal Side) submitted that there was a wordy quarrel between the parties, and the injured sustained simple injuries and was discharged from the hospital. However, he opposed to grant anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case, and also taking note of the fact that the injured sustained simple injuries and was 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 their arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Palani on 3/6

condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each, 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 Judicial Magistrate, Palani and on further conditions 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, Palani. In the event of any change in their residential address, the petitioners shall report the same to the learned Judicial Magistrate, Palani;

(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 4/6

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/- 25/06/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

MKN TO 1.THE JUDICIAL MAGISTRATE, PALANI.

2.THE CHIEF JUDICIAL MAGISTRATE DINDIGUL 5/6

3.THE INSPECTOR OF POLICE, AYAKUDI POLICE STATION, DINDIGUL DISTRICT.

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

+1 CC to M/s.D.VENKATESH, Advocate ( SR-6793[I] dated 26/06/2025 )

ORDER

IN CRL OP(MD) No.10097 of 2025 Date :25/06/2025 PR/10.07 .2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6