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Madras High CourtCRL OP(MD)/11930/2025allowed

Prasanth v. The State Of Tamil Nadu

2025-07-17Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI 1.Prasanth, S/o.Palanisamy 2.Sivaraj, S/o.Palanisamy ... Petitioners/A1 & A2 Vs The State of Tamil Nadu, Rep. by, the Inspector of Police, Thirupparankundram Police Station, Thirupparankundram, Madurai.

(Crime No.316 of 2025) ... Respondent/Complainant For Petitioners : Mr.P.Venkatesan, Advocate For Respondent : Mr.S.Prakash, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/6

PRAYER :- For Anticipatory Bail in Crime No.316 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/A1 & A2, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 118(1) and 351(3) of BNS, 2023 in Crime No.316 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on 16.06.2025, at about 10.00 p.m., when the de-facto complainant was sitting with his friend at the cremation yard in Nilayur, the petitioners, under the influence of alcohol, demanded money to buy alcohol. When the de-facto complainant questioned this, the 1st petitioner stabbed him in the back with a knife and caused injuries. Hence, a case has been registered.

3. The learned counsel appearing for the petitioners submitted that this is the second anticipatory bail application filed before this Court. The petitioners are innocent persons and they have not involved in any offences as stated by the prosecution. He, however, submitted that the petitioners are willing to abide by any 2/6

conditions that may be imposed by this Court. Hence, he seeks anticipatory bail for the petitioners.

4. The learned Government Advocate (Crl. side) submits that the petitioners have been arrayed as A1 and A2 in this case. There are two previous cases registered against A1, and one previous case registered against A2. He further submitted that the injured has been discharged from the hospital. However, he opposed to grant anticipatory bail to the petitioners.

5. Taking into consideration of the facts and circumstances of the case and the nature of the offence, and also taking note of the fact that the injured has been discharged from the hospital, and that as the date of occurrence is 16.06.2025, by this time most of the investigation might have been completed, this court is inclined to grant anticipatory bail to the petitioners, with certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.VI, Madurai on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees 3/6

Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Judicial Magistrate No.VI, Madurai, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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 No.VI, Madurai. In the event of any change in their residential address, the petitioners shall report the same to the learned Judicial Magistrate No.VI, Madurai;

(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;

(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 4/6

learned Magistrate/Trial Court themselves 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/petitioners thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 17/07/2025 / 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 JUDICIAL MAGISTRATE NO.VI, MADURAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE INSPECTOR OF POLICE, THIRUPPARANKUNDRAM POLICE STATION, THIRUPPARANKUNDRAM, MADURAI.

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

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+1 CC to M/s.P.VENKATESAN, Advocate ( SR-7735[I] dated 17/07/2025 )

ORDER

IN CRL OP(MD) No.11930 of 2025 Date :17/07/2025 AS/08.08.2025/6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 6/6