J.Selvakumar v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI J.Selvakumar .. Petitioner/Accused No.2 Vs State of Tamil Nadu, Rep. by the Sub-Inspector of Police, Manur Police Station Tirunelveli, Tirunelveli District.
(Crime No.607 of 2025) .. Respondent/Complainant For Petitioner : Mr.R.Rajeshkumar 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.607 of 2025 on the file of the Respondent Police.
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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), 308(4) and 351(3) of the Bharatiya Nyaya Sanhita (BNS), 2023, in Crime No.607 of 2025 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the defacto complainant is an Advocate by profession and the 1st accused obtained legal opinion about land from the defacto complainant since 2022. Further, on 11.06.2025 the 1st accused called the defacto complainant for getting legal opinion for land and subsequently, the 1st accused and the defacto complainant along with his relative namely Parvesh met on 13.06.2025 around 2 .00 p.m., at the residence of 1st accused. In the meantime, the 2nd accused/petitioner was introduced to the defacto complainant. At that time, there was a wordy quarrel between them, the petitioner along with A1 had abused the defacto complainant in filthy language and attacked him and snatched a sum of Rs.5,000/- from the defacto complainant. Hence, the complaint.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that there is no previous case pending against the 2/6
petitioner. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side) submitted that there is no previous case pending against the petitioner and the investigation is almost completed. He further submitted that the property has been recovered. However, he opposed for grant of anticipatory bail to the petitioner.
5. Considering the facts and circumstances of the case and also the fact that the investigation might have been completed and there is no previous case pending 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 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 Court No.V, Tirunelveli, on condition that the petitioner shall execute a bond for a sum of 3/6
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 Court No.V, Tirunelveli, and on further conditions 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 his residential address and mobile number to the Judicial Magistrate Court No.V, Tirunelveli, In the event of any change in his residential address, the petitioner shall report the same to the Judicial Magistrate Court No.V, Tirunelveli. (c) the petitioner shall report before the respondent police 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 4/6
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;
(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 (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.
MSRM TO 1.THE JUDICIAL MAGISTRATE COURT NO.V, TIRUNELVELI. 2.THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI. 5/6
3.THE SUB-INSPECTOR OF POLICE, MANUR POLICE STATIONTIRUNELVELI, TIRUNELVELI DISTRICT.
4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.R.RAJESH KUMAR, Advocate ( SR-6906[I] dated 30/06/2025 )
ORDER
IN CRL OP(MD) No.10629 of 2025 Date :26/06/2025 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