Nanthakumar v. State Of Tamilnadu Rep By Inspector Of Police, Kattuputhur

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

(Crime No.310 of 2025) ... Respondent/Complainant For Petitioner : Mr.Krishna Kannan J, 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.310 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/A1, who apprehends arrest at the hands of the respondent police 1/5

for the offences punishable under Sections 296(b), 115(2), 118(1) and 353(3) of BNS, 2023 in Crime No.310 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 20.06.2025, at about 8.00 p.m., the 1st accused, along with other accused, abused the de-facto complainant using filthy language, assaulted her with a knife, thereby causing injuries, and also threatened her with dire consequences. Hence, the present case.

3. The learned counsel appearing for the petitioner submitted that the petitioner is the son of the de-facto complainant. Due to a family dispute, the defacto complainant has lodged the present false complaint against the petitioner. He further submitted that the petitioner is an innocent person and has not committed any offence as alleged by the prosecution. He, however, submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) submitted that the petitioner has been arrayed as A1 in this case. A2 and A3 were arrested and subsequently released on bail on 25.06.2025 by the learned Judicial Magistrate, Thottiam in Crl.M.P.No.174 of 2025. He further submitted that the injured has been discharged from the hospital. However, he opposed to grant anticipatory bail to the 2/5

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 the injured has been discharged from the hospital, and that the co-accused were arrested and subsequently released on bail, 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 District Munsif cum Judicial Magistrate, Thottiam, 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 the satisfaction of the learned District Munsif cum Judicial Magistrate, Thottiam, 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 District Munsif cum Judicial Magistrate, Thottiam. In the event of any 3/5

change in his residential address, the petitioner shall report the same to the learned District Munsif cum Judicial Magistrate, Thottiam; (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; (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 DITRICT MUNSIF CUM JUDICIAL MAGISTRATE, THOTTIAM. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT. 3 THE INSPECTOR OF POLICE, KATTUPUTHUR, KATTUPUTHUR POLICE STATION, TRICHY DISTRICT.

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

+1 CC to M/s.J.KRISHNAKANNAN, Advocate ( SR-6914[I] dated 30/06/2025 )

ORDER

IN CRL OP(MD) No.10788 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