Pandiyarajan v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Pandiyarajan, S/o.Nagendran ... Petitioner/A2 Vs The State of Tamil Nadu, Rep. by, the Inspector of Police, Silaiman Police Station, Madurai District.
(Crime No.31 of 2014) ... Respondent/Complainant For Petitioner : Mr.M.Maran, 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.31 of 2014 on the file of the Respondent Police. 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 341, 294(b) and 307 of IPC in Crime No.31 of 2014 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the de-facto complainant and the accused reside in the same locality. Due to previous enmity, on 09.02.2014, at about 05.45 p.m., when the de-facto complainant was walking near the Kalmedu Bus stop, the accused assaulted him with a sickle, thereby causing grievous injury. Hence, the present case.
3. The learned counsel appearing for the petitioner submitted that the respondent police have filed a final report, which has been taken on file by the learned Additional Chief Judicial Magistrate, Madurai, in S.C. No.374 of 2017, and that the petitioner had been regularly appearing before the trial Court. However, the petitioner was unable to appear before the trial Court for the hearing on 21.06.2025 due to ill health, and as a result, a Non-Bailable Warrant (NBW) was issued against 2/6
him on the same day, and the bail bond was also cancelled. Furthermore, due to the Advocate's boycott on 21.06.2025, he was unable to file a petition under Section 317 Cr.P.C. He further submitted that the petitioner filed a surrender petition and a recall petition on 25.06.2025, but the same were not entertained by the trial Court. He, however, submitted that the petitioner is willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail for the petitioner.
4. The learned Government Advocate (Crl. side) submits that there are totally three accused persons in this case and the petitioner has been arrayed as A2. He submitted that a Non-Bailable Warrant was issued against the petitioner on 21.06.2025 and is still pending. Hence, he opposed to grant anticipatory bail to the petitioner.
5. This Court, on 01.07.2025, called for a report from the learned Additional Chief Judicial Magistrate, Madurai, regarding the present stage of the case in S.C. No.374 of 2017. The report has since been received, stating that all the witnesses on the side of the prosecution have been examined, and the case is now posted for questioning under Section 313(b)(1) of Cr.P.C. against A1 to A3 on 16.07.2025.
6. Taking into consideration of the facts and circumstances of the case, the nature of the offence, and also taking note of the fact that the entire prosecution evidence has been completed and the case is now pending for questioning under 3/6
Section 313(1)(b) of Cr.P.C., this court is inclined to grant anticipatory bail to the petitioner, with certain conditions.
7. 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 on which the order copy made ready, before the learned Additional Chief Judicial Magistrate, Madurai, 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 the police officer who intends to arrest or to the satisfaction of the learned Additional Chief Judicial Magistrate, Madurai, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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 Additional Chief Judicial Magistrate, Madurai. In the event of any change in his residential address, the petitioner shall report the same to the learned Additional Chief Judicial Magistrate, Madurai; 4/6
(c) the petitioner shall report before the learned Additional Chief Judicial Magistrate, Madurai on all working days 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 in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560] and; (g) if the accused/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.
sd/- 15/07/2025 / TRUE COPY / /08/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.
mkn 5/6
TO 1.The Additional Chief Judicial Magistrate, Madurai.
2. Do through the Chief Judicial Magistrate, Madurai.
3.The Inspector of Police, Silaiman Police Station, Madurai District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.MARAN, Advocate ( SR-7723[I] dated 17/07/2025 )
ORDER
IN CRL OP(MD) No.11070 of 2025 Date :15/07/2025 PS/SAR.05.08.2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6