Arun Nehru v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI CRL OP(MD). No.10732 of 2025 1.Arun Nehru, S/o.Mohan 2.Asikdharama, S/o.Sathishkumar 3.Arungandhi, S/o.Mohan 4.Arun Rajiv, S/o.Mohan ... Petitioners/A1 to A4 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Lalgudi Police Station, Trichy District.

(Crime No.390 of 2025) ... Respondent/Complainant For Petitioners : Mr.J.William Christopher, Advocate For Respondent : Mr.S.Prakash, Government Advocate (Criminal Side) 1/6

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.390 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/A1 to A4, who apprehend 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.390 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the de-facto complainant is the elder paternal uncle of A1, A3, and A4, and the grandfather of A2. It is alleged that the younger brother of the de-facto complainant, one Anandan, had lodged a complaint regarding the petitioners' involvement in sand theft before the revenue authorities. Enraged by Anandan's actions, the petitioners allegedly went to the house of the defacto complainant. There, the 1st accused is said to have attacked him on his back with an iron rod, the 2nd accused is said to have assaulted him with his hands, the 3rd accused is said to have kicked him, and the 4th accused is said to have threatened him with dire consequences. Hence, the present case. 2/6

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and are in no way connected with the alleged occurrence as stated by the prosecution. A false case has been foisted against the petitioners. He further submitted that the petitioners are ready and willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail for the petitioners.

4. The learned Government Advocate (Criminal Side) submitted that the petitioners have been arrayed as A1 to A4 in this case. He further submitted that the injured has been discharged from the hospital. However, he opposed to grant anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case, and taking note of the fact that the injured has been discharged from the hospital, 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 learned Judicial Magistrate, Lalgudi on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each, with two sureties each for a like sum to the satisfaction of 3/6

the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Judicial Magistrate, Lalgudi 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; (b) the petitioners shall furnish their residential address and mobile number to the learned Judicial Magistrate, Lalgudi. In the event of any change in their residential address, the petitioners shall report the same to the learned Judicial Magistrate, Lalgudi;

(c) the petitioners shall report before the respondent police weekly once i.e. on every Monday at 05.00 p.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 4/6

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

sd/- 01/07/2025 / TRUE COPY / / /2025 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.The Judicial Magistrate, Lalgudi.

2.Do Through The Chief Judicial Magistrate, Trichy.

3.The Inspector of Police, Lalgudi Police Station, Trichy District.

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

ORDER

IN CRL OP(MD) No.10732 of 2025 Date :01/07/2025 MGJ/18.07.2025 6P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6