Baskaran v. State Of Tamilnadu Rep By Inspector Of Police, Kombai
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI 1.Baskaran, S/o.Vellaisamy 2.Ilangovan, S/o.Rangasamy 3.Satheeshkumar, S/o.Rangasamy ... Petitioners/A2, A4 & A7 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Kombai Police Station, Theni District.
(Crime No.55 of 2025) ... Respondent/Complainant For Petitioners : Mr.Gurumoorthy S, Advocate For Respondent : Mr.S.Prakash, Government Advocate (Criminal Side) 1/6
PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.55 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/A2, A4 & A7, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 191(3), 296(b), 55(2) and 351(3) of BNS, 2023 r/w. Section 4 of TNPWH Act in Crime No.55 of 2025 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that due to previous enmity, on 20.04.2025, at about 9.00 p.m., the petitioners, along with other accused, abused the de-facto complainant using filthy language, attacked her, and also threatened her with dire consequences. Hence, the present case.
3. The learned counsel for the petitioners submitted that it is a case, case in counter. The petitioners are innocent persons and have not committed any offence as alleged by the prosecution. A case has also been registered against the de-facto complainant in Crime No.56 of 2025 on the file of the respondent police. He, 2/6
however, submitted that the petitioners are ready to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail for the petitioners.
4. The learned Government Advocate (Criminal Side) submitted that this is a case and counter case. The petitioners have been arrayed as A2, A4, and A7 in this case. Due to the said incident, no one sustained any injuries. He further submitted that two previous cases have been registered against the 1st petitioner, one previous case against the 2nd petitioner, and three previous cases against the 3rd petitioner. Hence, he opposed to grant anticipatory bail to the petitioners.
5. Considering the facts and circumstances of the case, and also taking note of the fact that as the date of occurrence is 20.04.2025, by this time most of the investigation might have been completed, and that no one sustained any injuries, 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, Bodinayakanur 3/6
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 Judicial Magistrate, Bodinayakanur 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, Bodinayakanur. In the event of any change in their residential address, the petitioners shall report the same to the learned Judicial Magistrate, Bodinayakanur;
(c) the petitioners shall report before the respondent police daily at 10.30 a.m., until further orders;
(d) the petitioners shall not tamper with evidence or witness either during investigation or trial;
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(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 petitioners 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/- 30/06/2025 / 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 JUDICIAL MAGISTRATE, BODINAYAKANUR, THENI.
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2 THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.
3 THE INSPECTOR OF POLICE, KOMBAI POLICE STATION, THENI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.10910 of 2025 Date :30/06/2025 NM/11.07.2025/ 6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6