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Madras High CourtCRL OP(MD)/10832/2025allowed

Jeyakumar v. State Of Tamilnadu Rep By Inspector Of Police, Thoothukudi Central

2025-06-27Honourable Mr Justice P.Vadamalai5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Jeyakumar, S/o.Ganesan ... Petitioner/A1 Vs The State of Tamil Nadu, Rep. by, the Inspector of Police, Thoothukudi Central Police Station, Thoothukudi.

(Crime No.167 of 2025) ... Respondent/Complainant For Petitioner : Mr.T.A.Ebenezer, Advocate For Respondent : Mr.S.Prakash, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.167 of 2025 on the file of the Respondent Police. 1/5

ORDER : The Court made the following order :- The petitioner/A1, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 118(1) and 351(3) of BNS, 2023 in Crime No.167 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 19.05.2025, the de-facto complainant, who is a bank manager, along with his office assistant, went to the residence of the 1st accused to collect the unpaid dues. He requested the persons in the house to pay the dues and then left the place. Thereafter, at around 6.30 p.m., the 1st accused, along with the other accused persons, went to the bank and engaged in a verbal altercation with the de-facto complainant, questioning his visit regarding the payment of dues. The 1st petitioner/A1, along with his brother/A2, assaulted the defacto complainant using the hose of a fire extinguisher and also threatened him with dire consequences. Hence, the case.

3. The learned counsel for the petitioner submitted that this is the second anticipatory bail application filed before this Court. The petitioner is an innocent person and has not involved in any occurrence as alleged by the prosecution. The de-facto complainant visited the residence of the 1st accused and allegedly used offensive and inappropriate language in Hindi towards the women present in the 2/5

house. There was only wordy quarrel between the petitioner and the de-facto complainant. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) submitted that there are totally four accused persons in this case and the petitioner has been arrayed as A1. A2 was arrested and subsequently released on bail, and A3 and A4 have been granted anticipatory bail by this Court on 13.06.2025 in Crl.O.P.(MD)No.9078 of 2025. However, he opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and the nature of the offence, and taking note of the fact that one of the co-accused was arrested and subsequently released on bail, and two of the co-accused have been granted anticipatory bail by this Court, and that as the date of occurrence is 19.05.2025, by this time most of the investigation might have been completed, this court is inclined to grant anticipatory bail to the petitioner, with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.II, Thoothukudi, 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 the police officer who intends to arrest or to 3/5

the satisfaction of the learned Judicial Magistrate No.II, Thoothukudi, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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 learned Judicial Magistrate No.II, Thoothukudi. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate No.II, Thoothukudi;

(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 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/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 27/06/2025 / 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 JUDICIAL MAGISTRATE NO.II, THOOTHUKUDI. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI. 3 THE INSPECTOR OF POLICE,THOOTHUKUDI CENTRAL, THOOTHUKUDI CENTRAL POLICE STATION, THOOTHUKUDI.

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

+1 CC to M/s.T.A.EBENEZER, Advocate ( SR-6876[I] dated 27/06/2025 )

ORDER

IN CRL OP(MD) No.10832 of 2025 Date :27/06/2025 NBF/08.07.2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5