Kasthuri v. State Of Tamilnadu Rep By Inspector Of Police, Pappanadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI 1.Kasthuri 2.Manickam 3.T.Raja 4.Praveenkumar ... Petitioners/Accused Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Pappanadu Police Station, Thanjavur District.

(Crime No.160 of 2025) ... Respondent/Complainant For Petitioners : Mr.A.Sivasubramanian, Advocate For Respondent : Mr.S.Prakash, Government Advocate (Criminal Side) 1/5

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.160 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 191(3), 296(b), 127(2), 115(2), 118(1), 49, 351(3) and 303(2) of BNS, 2023 in Crime No.160 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioners and the de-facto complainant are close relatives. Due to a pending civil dispute, on 10.06.2025, at about 10.00 a.m., the 1st petitioner, along with a few others, went to the de-facto complainant's mother's house, abused the de-facto complainant and her mother in filthy language, attacked them using a stick, and also threatened them with dire consequences. As a result, a gold chain weighing 11⁄4 sovereigns, a cellphone, and a bangle weighing 4 sovereigns were snatched. Hence, the case.

3. The learned counsel for the petitioners submitted that the petitioners are 2/5

innocent persons and are in no way connected with the alleged occurrence as stated by the prosecution. He further submitted that the petitioners are willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) submitted that the issue pertains to a civil dispute. He further submitted that the injured have been 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 issue pertains to a civil dispute, and that the injured have been 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 District Munsif cum Judicial Magistrate, Orathanadu on condition that the petitioners shall execute a bond for a 3/5

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 District Munsif cum Judicial Magistrate, Orathanadu 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 District Munsif cum Judicial Magistrate, Orathanadu. In the event of any change in their residential address, the petitioners shall report the same to the learned District Munsif cum Judicial Magistrate, Orathanadu; (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 with law as if the conditions have been imposed and the petitioners released on bail 4/5

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/- 24/06/2025 / 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 District Munsif cum Judicial Magistrate, Orathanadu.

2. Do Through The Chief Judicial Magistrate, Thanjavur District @ Kumbakonam.

3.The Inspector of Police, Pappanadu Police Station, Thanjavur District.

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

ORDER

IN CRL OP(MD) No.10435 of 2025 Date :24/06/2025 HPS/14.07.2025 /5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5