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Madras High CourtCRL OP(MD)/11020/2025allowed

Thirupathi Venkatachalapathi v. The State Of Tamil Nadu

2025-07-11Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Thirupathi Venkatachalapathi, S/o.Arumugam ... Petitioner/Sole Accused Vs The State of Tamil Nadu, Rep. by the Sub Inspector of Police, Ponnamaravathi Police Station, Pudukkottai District.

(Crime No.96 of 2025) ... Respondent/Complainant For Petitioner : Mr.NA.Palaniyandi, 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.96 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused, 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, 2023 in Crime No.96 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the accused went to the de-facto complainant's petty shop, abused him using filthy language, attacked him with a lethal weapon, and also threatened him with dire consequences. Hence, the present case.

3. The learned counsel for the petitioner submitted that this is a case and case in counter. In fact, the petitioner and the de-facto complainant are brothers. Due to a civil dispute, the de-facto complainant, along with another brother, attacked the petitioner with a lethal weapon, abused him using filthy language, and threatened him with dire consequences. As a result, the petitioner sustained severe injuries. A case has also been registered against the de-facto complainant and others in Crime No.97 of 2025 on the file of the respondent police. He further submitted that the 2/6

petitioner is an innocent person and has not committed any offence as alleged by the prosecution. He has been falsely implicated in this case. He, however, submitted that the petitioner is ready to abide by any conditions to be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) submitted that it is a case, case in counter. There are no previous cases registered against the petitioner. He further submitted that the injured has been discharged from the hospital. However, he opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, and taking note of the fact it is a case, case in counter, and that the injured has been discharged from the hospital, and that there are no previous cases registered against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

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 District Munsif cum Judicial Magistrate, Ponnamaravathy, Pudukkottai District 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 respondent Police or to the Police Officer, who 3/6

intends to arrest or to the satisfaction of the learned District Munsif cum Judicial Magistrate, Ponnamaravathy, Pudukkottai District 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 District Munsif cum Judicial Magistrate, Ponnamaravathy, Pudukkottai District. In the event of any change in his residential address, the petitioner shall report the same to the learned District Munsif cum Judicial Magistrate, Ponnamaravathy, Pudukkottai District;

(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 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 4/6

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/- 11/07/2025 / TRUE COPY / /2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

mkn TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, PONNAMARAVATHY, PUDUKKOTTAI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.

3 THE SUB INSPECTOR OF POLICE, PONNAMARAVATHI POLICE STATION, PUDUKKOTTAI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.NA.PALANIYANDI, Advocate ( SR-7473[I] dated 14/07/2025 )

ORDER

IN CRL OP(MD) No.11020 of 2025 Date :11/07/2025 5/6

NBF/SAR- /29/07/2025/ 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6