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Madras High CourtCRL OP(MD)/10796/2025allowed

Satheeshwaran @ Sathish v. The State Of Tamilnadu

2025-07-04Honourable Mr Justice P.Vadamalai5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI 1.Satheeshwaran @ Sathish 2.Deivendran 3.Balamurugan @ Bala ... Petitioners/A4, A7 & A8 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Sivagangai Town Police Station, Sivagangai District.

(Crime No.345 of 2025) ... Respondent/Complainant For Petitioners : Mr.N.Jeyaram Sidharth, 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.345 of 2025 on the file of the Respondent Police. 1/5

ORDER : The Court made the following order :- The petitioners/A4, A7 & A8, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 329(4), 296(b), 115(2), 118(1), 109, 351(3) of BNS and Section 4 of TNPHW in Crime No.345 of 2025 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that there existed dispute between the parties with regard to conduct of public events, due to which, there arose wordy quarrel. Thereafter, the petitioners along with other accused persons have trespassed into the defacto complainant's house and abused him and his family members with filthy language and assaulted them by using knife with an intention to murder and threatened them with dire consequences. 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 the A1, A2 and A6 were already granted bail by the learned Principal Sessions Judge, Sivagangai and the fifth accused was also released on bail by order of this Court in Crl.OP(MD)No.10831 of 2025, dated 02.07.2025.

4.The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that the injured person has been discharged from the hospital.

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5. Considering the facts and circumstances of the case and taking into account of the fact that the injured was discharged from the hospital and also considering the fact that the co-accused were released on bail, 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 No.I, Sivagangai, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 Judicial Magistrate No.I, Sivagangai 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 No.I, Sivagangai. In the event of any change in their residential address, the petitioners shall report the same to the learned Judicial Magistrate No.I, Sivagangai;

(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.

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TO 1.The Judicial Magistrate No.I, Sivagangai.

2. To Through: The Chief Judicial Magistrate, Sivagangai.

3.The Inspector of Police, Sivagangai Town Police Station, Sivagangai District.

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

ORDER

IN CRL OP(MD) No.10796 of 2025 Date : 04/07/2025 KM (24.07.2025)/5P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 5/5