Aswin v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI 1.Aswin 2.Sachin 3.Satheesh ... Petitioners/A1 to A3 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Kudankulam Police Station, Tirunelveli District.

(Crime No.346 of 2025) ... Respondent/Complainant For Petitioners : Mr.P.Saravanakumar 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.346 of 2025 on the file of the Respondent Police. 1/5

ORDER : The Court made the following order :- The petitioners/A1 to A3, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115, 118(1) and 351(3) of BNS in Crime No.346 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that during temple festival, there arose wordy quarrel between the petitioners and the defacto complainant, due to which, the petitioners along with other accused abused the defacto complainant and also assaulted him. Hence, the complaint.

3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He would further submit that they have been falsely implicated in this case.

4.The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that during temple festival, there arose wordy quarrel between the parties. He would further submit that the no one was sustained injury in this incident.

5. Considering the facts and circumstances of the case and taking into account of the fact that no one was sustained in this incident and also considering the fact as the date of occurrence is 15.06.2025, by this time most of the investigation would 2/5

likely have been completed, 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 District Munsif cum Judicial Magistrate, Radhapuram, Tenkasi District, 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 the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned District Munsif cum Judicial Magistrate, Radhapuram, Tenkasi District 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 District Munsif cum Judicial Magistrate, Radhapuram, Tenkasi District. In the event of any change in their residential address, the petitioners shall report the same to the learned learned District Munsif cum Judicial Magistrate, Radhapuram, Tenkasi District;

(c) the petitioners shall report before the respondent police daily at 10.30 a.m., 3/5

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 petitioner 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/- 04.07.2025 / TRUE COPY / / /2025 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

das TO 1.The District Munsif cum Judicial Magistrate, Radhapuram, Tenkasi District.

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2. Do Through: The Chief Judicial Magistrate, Radhapuram, Tenkasi District.

3.The Inspector of Police, Kudankulam Police Station, Tirunelveli District.

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

+1 CC to M/s.P.Kalaiyarasi Bharathi, Advocate (SR-7243[I] dated: 08/07/2025)

ORDER

IN CRL OP(MD) No.10809 of 2025 Date : 04/07/2025 KM (24.07.2025)/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 5/5