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Madras High CourtCRL OP(MD)/10995/2025allowed

Vijayasurya v. State Of Tamilnadu Rep By Inspector Of Police, Samayapuram

2025-06-30Honourable Mr Justice P.Vadamalai5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Vijaysurya, S/o.Ramalingam ... Petitioner/Sole Accused Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Samayapuram Police Station, Trichy District.

(Crime No.191 of 2025) ... Respondent/Complainant For Petitioner : Mr.Alagia Nambi, 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.191 of 2025 on the file of the Respondent Police. 1/5

ORDER : The Court made the following order :- The petitioner/Sole Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 109 and 351(3) of BNS in Crime No.191 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant is the wife of the victim and the victim and the petitioner are brothers. There arose wordy quarrel between them, due to which, the petitioner attacked the defacto complainant with knife and caused injuries and also threatened with dire consequences. Hence, the complaint.

3. The learned counsel for the petitioner submits that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He further submits that the case in counter in Crime No.190 of 2025 is pending.

4. The learned Government Advocate (Criminal Side) submits that the injured was discharged from the hospital and the investigation has been completed.

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 the case in counter in Crime No.190 of 2025 is pending, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions. 2/5

6. Accordingly, the petitioner is ordered to be released on bail in the event of his 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.III, Trichy, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) 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.III, Trichy, 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 Aadhar card or Bank pass Book to ensure their identity; b) the petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate No.III, Trichy. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate No.III, Trichy;

(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 3/5

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 thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023 sd/- 30/06/2025 / TRUE COPY / / /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.III, Trichy.

2. Do through the Chief Judicial Magistrate, 4/5

Trichy.

3.The Inspector of Police, Samayapuram Police Station, Trichy District.

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

+1 CC to M/s.R.ALAGIA NAMBI, Advocate ( SR-6931[I] dated 01/07/2025 )

ORDER

IN CRL OP(MD) No.10995 of 2025 Date :30/06/2025 PS/16.07.2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5