Panchu, v. State Of Tamilnadu Rep By Inspector Of Police, Jaihindpuram

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Panchu, W/o.Gurunathan .. Petitioner/Accused No.1 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Jaihindpuram Police Station, Madurai District.

(Crime No.524 of 2024) .. Respondent/Complainant For Petitioner : M/s.B.Sudha Sathiyananth 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.524 of 2024 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 296(b), 115(2), 118, 351(3) of BNS and section 4 of TamilNadu Prohibition of Harassment of Women Act in Crime No.524 of 2024 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that already land dispute was pending between the petitioner and the Defacto-complainant. The petitioner and others are said to have sold liquor illegally in the nearby place of the defacto-complainant, suspecting that the defacto-complainant informed the same to the respondent police. On that motive, on 06.10.2024, the petitioner wrongfully entered into the Defactocomplainant's house and used filthy language and threatened her with dire consequences. Moreover, the petitioner attacked the Defacto-complainant by using the wooden log. Hence, the case.

3. The learned counsel for the petitioner would submit that due to previous land dispute, the defacto-complainant had created a concocted story and lodged a false complaint against this petitioner. The petitioner is an innocent person and she 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. 2/6

4. The learned Government Advocate (Criminal Side) submitted that there was property dispute between the defacto-complainant and the petitioner. Due to which, this petitioner and others were wrongfully entered into the house of the defactocomplainant and abused her in filthy language and assaulted by using wooden log. The other accused persons were arrested and subsequently released on bail. 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 property dispute is pending between the parties, already the other coaccused were arrested and released on bail, in this case, FIR was registered on 06.10.2024 by this time, 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 her arrest or on her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate No.IV, Madurai on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty 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 No.IV, Madurai and on further conditions 3/6

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 her residential address and contact number to the learned Judicial Magistrate No.IV, Madurai. In the event of any change in her residential address, the petitioner shall report the same to the learned Judicial Magistrate No.IV, Madurai;

(c) the petitioner shall report before the respondent police daily twice at 10.30 a.m., and 05.30p.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; 4/6

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

sd/- 23/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

GVN TO 1 THE JUDICIAL MAGISTRATE NO.IV, MADURAI.

2 THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE INSPECTOR OF POLICE, JAIHINDPURAM POLICE STATION, MADURAI DISTRICT.

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

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ORDER

IN CRL OP(MD) No.10415 of 2025 Date :23/06/2025 NM/09.07.2025/ 6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6