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Madras High CourtCRL OP(MD)/10696/2025allowed

Raja v. The State Of Tamilnadu Rep.By

2025-06-26Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI

1. Raja

2. Nithishkumar .. Petitioners/Accused Vs The State of Tamil Nadu, The Inspector of Police, Allinagaram Police Station, Theni District.

(in Crime No.143 of 2025) .. Respondent/Complainant For Petitioners :

Mr.R.Vinothkumar 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.143 of 2025 on the file of the Respondent Police.

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ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 351(2) of BNS and Section 4 of TNPWH, in Crime No.143 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on 10.06.2025 at about 09.30 p.m., when the defacto complainant travelled in SBT Mini Bus along with her husband, at that time, the petitioners and one Jayapandi have indulged in a wordy quarrel with them, as a result of which, the petitioners have abused the defacto complainant and her husband in filthy language and attacked them and caused injuries. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. He further submitted that co-accused had already been released on bail by the District Munsif Court, Theni. He further submitted that the petitioners are ready and willing to abide by any conditions which may be imposed by this Hon'ble Court. Hence, he seeks anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) submitted that no one was sustained injuries and there is no previous case pending as against the 2/6

petitioners. He further submitted that the investigation is almost completed. However, he opposed for grant of anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case and also the fact that no one was sustained injuries and the investigation might have been completed and coaccused had already been released on bail by the District Munsif Court, Theni, Hence, 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 Additional Mahila Court (JM Level), Theni, on condition that each of the petitioner shall execute a separate 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 Additional Mahila Court (JM Level), Theni 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;

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(b) the petitioners shall furnish their residential address and mobile number to the Additional Mahila Court (JM Level), Theni In the event of any change in their residential address, the petitioners shall report the same to the Additional Mahila Court (JM Level), Theni;

(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 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;

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(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.

msrm To 1.The Judge, Additional Mahila Court (JM Level), Theni.

2.The Inspector of Police, Allinagaram Police Station, Theni District.

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

+1 CC to M/s.R.VINOTHKUMAR, Advocate ( SR-6798[I] dated 26/06/2025 ) +1 CC to M/s.R.VINOTHKUMAR, Advocate ( SR-6815[I] dated 26/06/2025 ) 5/6

ORDER

IN CRL OP(MD) No.10696 of 2025 Date :26/06/2025 MK/08.07.2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6