Sethuraman v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Sethuraman, S/o.Ponram .. Petitioner/Accused Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Kandamannur Police Station, Theni District.

(Crime No.98 of 2025) .. Respondent/Complainant For Petitioner :Mr.B.Jeyakumar 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.98 of 2025 on the file of the Respondent Police. 1/5

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 126(2), 296(b), 351(3) of BNS 2023 and Section 4 of TNPHW Act in Crime No.98 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the defacto-complainant and the petitioners 1 and 2 are hailing from the same village. On 15.03.2025, when the petitioner was standing near his two wheeler in the road side, the cows which were hold by the defacto-complainant and her father, on hearing the bus horn sound, startled and dashed against the petitioner. In view of the said incident a wordy quarrel arose between the petitioner and the defacto-complainant, this petitioner abused them in filthy language and threatened with dire consequences. Hence, the case.

3. The learned counsel for the petitioner would submit that the respondent police lodged a false case 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. 2/5

4. The learned Government Advocate (Criminal Side) submitted that the cows of the defacto-complainant was startled and dashed against the petitioner. In view of the said incident a wordy quarrel arose between the petitioner and the defactocomplainant, this petitioner abused them in filthy language and threatened with dire consequences. At the time of occurrence, no one is injured. There is no previous case 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 nature of offence, there is no previous case against the petitioner, 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 anticipatory 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, Andipatti, Theni District 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 of the Judicial Magistrate, Andipatti, Theni District and on further conditions that:

(a) the petitioner and the sureties shall affix their photographs and left thumb 3/5

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, Andipatti, Theni District. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate, Andipatti, Theni District;

(c) the petitioner shall report before the Inspector of Police, Theni Police Station 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; (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; 4/5

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

sd/- 26/06/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

GVN TO 1 THE JUDICIAL MAGISTRATE ANDIPATTI, THENI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE THENI DISTRICT.

3 THE INSPECTOR OF POLICE, KANDAMANNUR POLICE STATION, THENI DISTRICT.

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

+1 CC to M/s.B.JEYAKUMAR, Advocate ( SR-6837[I] dated 27/06/2025 )

ORDER

IN CRL OP(MD) No.10635 of 2025 Date :26/06/2025 SS/SAR- /08/07/2025/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5