Abimanyu @ Athipan v. State Of Tamilnadu Rep By Inspector Of Police, Rayappanpatti
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/06/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI Abimanyu @ Athipan, S/o.Tamilselvan,
...Petitioner/ Accused
Vs The State of Tamilnadu rep.by The Inspector of Police, Rayappanpatti Police Station, Theni District.
(Crime No.119 of 2025) ... Respondent/Complainant For Petitioner :
Mr.S.Sukumar Advocate.
For Respondent :
Mr.B.Thanga Aravindh Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.119 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 25.05.2025 for the offences punishable under Sections 296(b), 118(1) and 351(3) of 1/5
BNS in Crime No.119 of 2025 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that on 25.05.2025 at about 7.45p.m. When the defacto-complainant working in patrol bunk, the petitioner had quarrelled with the defacto-complainant for the reason that he informed the petitioner's previous antecedents to police officials, because of the said reason only the petitioner abused him in filthy language, attacked and threatened him with dire consequences. Hence, the case.
3. The learned counsel for the petitioner would submit that 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 and conditions that may be imposed by this Court. He would further submit that the petitioner is in custody from 25.05.2025 nearly 32 days. Hence, he seeks bail.
4. The learned Government Advocate (Criminal Side) would submit that the defacto-complainant informed the petitioner's previous antecedents to police officials, because of the said reason only the petitioner abused him in filthy language, attacked him with petrol filling gun and threatened him with dire consequences. The Defacto-complainant had sustained severe injury and admitted in hospital and later he discharged from hospital. This petitioner is having nine previous cases, he is a history sheeter (H.S.No.4 of 2024). Hence, he strongly 2/5
objected to grant bail to the petitioner.
5. Taking into consideration of the facts and circumstances of the case and also taking note of the fact that in this case, the injured person discharged from hospital, the petitioner/accused remanded into judicial custody on 25.05.2025, taking into consideration of the period of incarceration, this court is inclined to grant bail to the petitioner, subject to the following conditions:
6. Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of Judicial Magistrate, Uthamapalayam and on further conditions that :- [a] 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 Judicial Magistrate, Uthamapalayam. If the petitioner changes his residential address, he shall report the same to the Judicial Magistrate, Uthamapalayam; [c] the petitioner shall appear and sign before the respondent police daily twice at 10.30 a.m. and 05.30p.m. until further orders. [d] the petitioner shall not abscond either during investigation or trial. 3/5
[e] the petitioner shall not tamper with evidence or witness 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.
sd/- 26/06/2025 / TRUE COPY / 26/06/2025 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.
gvn TO 1 THE JUDICIAL MAGISTRATE, UTHAMAPALAYAM.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT. 3 THE OFFICER INCHARGE , SUB JAIL, UTHAMAPALAYAM, THENI DISTRICT.
4/5
4 THE INSPECTOR OF POLICE, RAYAPPANPATTI, RAYAPPANPATTI POLICE STATION, THENI DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.S.SUKUMAR, Advocate ( SR-6804[I] dated 26/06/2025 )
ORDER
IN CRL OP(MD) No.10734 of 2025 Date :26/06/2025 NBF/26.06.2025 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5