Senthilkumar v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27.06.2025 PRESENT The Hon`ble Mr.Justice P.VADAMALAI Senthilkumar ... Petitioner/ Sole Accused Vs State of Tamil Nadu, rep. by The Inspector of Police, Karur Police Station, Pudukkottai District.

(Crime No.14 of 2025) ... Respondent/ Complainant For Petitioner : Mr.V.Vijayendiran, Advocate.

For Respondent : Mr.S.Prakash, Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Section 482 B.N.S.S. PRAYER :- For Anticipatory Bail in Crime No.14 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Sole Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 118(1) 1/6

and 351(3) BNS, 2023 and Section 4 of TN Prohibition of Harassment of Women Act, 2002 in Crime No.14 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner/sole accused is the brother of the defacto complainant's husband and that on 17.05.2025 at about 07.30 p.m., the petitioner had abused the defacto complainant in filthy language and attacked her and her daughter. Hence, the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. The petitioner is ready and willing to abide any conditions which may be imposed by this Hon'ble Court. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent would submit that there was a wordy quarrel between the parties, due to which, the petitioner attacked the defacto complainant and her daughter. He would further submit that the injured were discharged from the hospital. There is 2/6

no previous case pending against the petitioner. However, he opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, and also considering the fact that the injured were discharged from the hospital and taking note of the fact that the petitioner is not having any previous case, 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 anticipatory 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, Avudaiyarkovil, Pudukkottai District 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 to the Police Officer, who intends to arrest or to the satisfaction of the Judicial Magistrate, Avudaiyarkovil, Pudukkottai District 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 3/6

card or Bank pass Book to ensure their identity; (b) the petitioner shall furnish his residential address and contact number to the learned Judicial Magistrate, Avudaiyarkovil, Pudukkottai District. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate, Avudaiyarkovil, Pudukkottai District; (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 4/6

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/- 27/06/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

CSM TO

1. THE JUDICIAL MAGISTRATE, AVUDAIYARKOVIL, PUDUKKOTTAI DISTRICT.

2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.

3. THE INSPECTOR OF POLICE, KARUR POLICE STATION, PUDUKKOTTAI DISTRICT.

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

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ORDER

IN CRL OP(MD) No.10780 of 2025 Date :27/06/2025 PR/08.07 .2025 6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6