Pragadeeswaran v. State Of Tamilnadu Rep By Inspector Of Police, Vattathikottai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Pragadeeswaran, S/o.Arivazhagan ... Petitioner/A6 Vs The State of Tamil Nadu, Rep. by, the Inspector of Police, Vattathikottai Police Station, Pattukottai, Thanjavur District.

(Crime No.86 of 2025) ... Respondent/Complainant For Petitioner : Mr.P.Venkatesan, Advocate For Respondent : Mr.S.Prakash, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/6

PRAYER :- For Anticipatory Bail in Crime No.86 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/A6, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 115(2), 126(2), 191(2), 296(b), 104 and 194 of BNS, 2023 in Crime No.86 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 17.04.2025, while the de-facto complainant and her husband were travelling on a two-wheeler, the accused persons restrained them, abused the de-facto complainant's husband using filthy language, and assaulted him on the head with their hands. Thereafter, the de-facto complainant and her husband returned to their residence. Due to a prior surgery on his head and the assault made by the accused persons, the de-facto complainant's husband began suffering from fits. He was admitted to the Pattukottai Government Hospital and was later taken to Thanjavur Medical College Hospital. Subsequently, on 20.04.2025, he passed away. Hence, a case has been registered. 2/6

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and has not committed any offence as alleged by the prosecution. He has been falsely implicated in this case. He, however, submitted that the petitioner is willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail.

4. The learned Government Advocate (Crl. side) submits that there are totally 6 accused persons in this case and the petitioner has been arrayed as A6. A1 to A5 were arrested and subsequently released on bail. He submitted that the deceased had previously undergone surgery on his head due to an earlier accident, and that as a result of the assault made by the accused, he suffered fits and subsequently died. He further submitted that the investigation in this case has been completed. However, he opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case, the nature of the offence, and in view of the change in circumstances that the co-accused were arrested and subsequently released on bail, and taking note of the fact that as the investigation in this case has already been completed, the custodial interrogation of the petitioner is not necessary at this stage, this court is inclined to grant 3/6

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 his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Pattukottai, Thanjavur, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 the satisfaction of the learned Judicial Magistrate, Pattukottai, Thanjavur, 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, Pattukottai, Thanjavur. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate, Pattukottai, Thanjavur;

(c) the petitioner shall report before the respondent police daily at 10.30 a.m., 4/6

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

sd/- 15/07/2025 / TRUE COPY / /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, Pattukottai, Thanjavur.

2.Do Through The Chief Judicial Magistrate, Thanjavur District @ Kumbakonam.

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3.The Inspector of Police, Vattathikottai Police Station, Pattukottai, Thanjavur District.

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

+1 CC to M/s.P.VENKATESAN, Advocate ( SR-7635[I] dated 16/07/2025 )

ORDER

IN CRL OP(MD) No.10826 of 2025 Date :15/07/2025 HPS/06.08.2025 /6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6