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Madras High CourtCRL OP(MD)/11018/2025granted

P Premjith v. State Of Tamilnadu Rep By Inspector Of Police, Awps-Marthandam

2025-09-11Honourable Mrs Justice S.Srimathy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/09/2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY P.Premjith ... Petitioner/Accused Vs The State of Tamil Nadu Rep.By, the Inspector of Police, All Women Police Station, Marthandam, Kanyakumari District.

(Crime No.15 of 2025) ... Respondent/Complainant For Petitioner : Mr.B.Brijesh Kishore Advocate.

For Respondent : Mr.E.Antony Sahaya Prabakar Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.15 of 2025 on the file of the Respondent Police.

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ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 420 and 354(A) of IPC and Section 4 of TNPHW Act and Section 67 of IT Act, in Crime No.15 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The learned counsel for the petitioner submitted that the petitioner has obtained anticipatory bail by the Principal Sessions Judge, Kanyakumari District @ Nagercoil in Crl.M.P.No.1817 of 2025 dated 24.04.2025 with a condition that the petitioner shall surrender before the SHO on 29.04.2025. Further, due to some inconvenience, the petitioner has not appeared before the respondent police. Thereafter, the respondent police have filed a petition in Crl. M.P.No.2076 of 2025 for cancellation of anticipatory bail and the same was allowed on 19.06.2025. Hence, the petitioner has filed the present anticipatory bail application before this Court.

3. The learned Government Advocate (Criminal Side) submitted that there is no previous case pending against the petitioner. However, he opposed for grant of anticipatory bail to the petitioner.

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4. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions. 5.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, 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 Judicial Magistrate No.II, Kuzhithurai, within a period of fifteen days from the date of receipt of a copy of this order 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 appear before the respondent police on 15.09.2025 for investigation and thereafter, as and when required for interrogation;

[c]the petitioner shall not tamper with the evidence or witness either during investigation or trial.

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[d]the petitioner shall not abscond either during investigation or trial.

[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 of BNS.

sd/- 11/09/2025 / TRUE COPY / 12/09/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

msrm To 1.The Judicial Magistrate No.II, Kuzhithurai.

2.The Inspector of Police, All Women Police Station, Marthandam, Kanyakumari District.

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

+1 CC to M/s.B.BRIJESH KISHORE, Advocate ( SR-9994[I] dated 12/09/2025 )

ORDER

IN CRL OP(MD) No.11018 of 2025 Date :11/09/2025 HPS/12.09.2025 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5