Kamali v. State Of Tamilnadu Rep By Inspector Of Police, Pasupathipalayam
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30.06.2025 PRESENT The Hon`ble Mr.Justice P.VADAMALAI Kamali ... Petitioner/A2 Vs State of Tamil Nadu rep.
by the Inspector of Police, Pasupathipalayam Police Station, Karur, Karur District.
(Crime No.106 of 2025) ...Respondent/Complainant For Petitioner : Mr.S.Gokul Raj For Respondent : Mr.S.Prakash, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Section 482 of B.N.S.S. PRAYER :- For Anticipatory Bail in Crime No.106 of 2025 on the file of the Respondent Police. 1/5
ORDER : The Court made the following order :- The Petitioner/ A2, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 118(1) and 351(3) of BNS, in Crime No.106 of 2025, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on 05.05.2025, the defacto complainant damaged the ramp of the petitioner's house, hence there arose wordy quarrel between the petitioner and the defacto complainant, due to which, the petitioner along with other accused abused the de-facto complainant in filthy language and assaulted him. Hence, the complaint.
3.The learned counsel appearing for the petitioner submits that the petitioner is innocent and he has not committed any offence as alleged by the prosecution.
4. The learned Government Advocate (Criminal Side) appearing for the respondent police submits that no one was injured in the incident. He further submitted that the petitioner is not having any previous case for similar or serious offence.
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5. Taking into consideration of the facts and circumstances of the case and also the facts that no one was injured in the incident and the petitioner is not having any previous case of similar nature, 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 his 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, Karur, 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 learned Magistrate concerned 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 Aadhaar card or bank pass book to ensure their identity. [b]the petitioner shall report before the respondent police daily at 10.30 a.m., and thereafter, as and when required for interrogation. [c]the petitioner shall not tamper with the evidence or witness either during investigation or trial.
[d]the petitioner shall not abscond either during investigation or trial. 3/5
[e]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 is 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]. [f]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 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.
DAS TO 1 THE JUDICIAL MAGISTRATE NO.I, KARUR.
2 THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT.
3 THE INSPECTOR OF POLICE, PASUPATHIPALAYAM POLICE STATION, KARUR, KARUR DISTRICT.
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4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.10987 of 2025 Date :30/06/2025 NM/11.07.2025/ 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5